AB 1608, as amended, Committee on Budget. State government.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
With 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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This bill would extend that authorization for one year, until June 30, 2017.
(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.
This 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.
(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.
Existing 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.
This 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.
The 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.
(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.
This bill would remove those requirements to take these actions.
(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.
This 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.
(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.
This bill would repeal that authorization.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
Existing 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.
This 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.
The 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.
A 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.
This 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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This bill would require those fee and permit moneys to be paid into the Labor Enforcement and Compliance Fund.
(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.
This 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.
This 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.
Existing law provides that the court review and approve any penalties sought as a part of a proposed settlement of a claim.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
The 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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.
(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.
This 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 tobegin delete this bill.end deletebegin insert these provisions.end 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.
This 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.
(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.
Existing 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.
This 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.
(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.
This 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.
(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.
This bill would provide that no reimbursement is required by this act for a specified reason.
(42) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 655 of the Business and Professions Code
2 is amended to read:
(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.
22(b) No optometrist may have any membership, proprietary
23interest, coownership, or any profit-sharing arrangement, either
24by stock ownership, interlocking directors, trusteeship, mortgage,
25or trust deed, with any registered dispensing optician or any optical
26company, except as otherwise permitted under this section.
27(c) (1) A registered dispensing optician or an optical
company
28may operate, own, or have an ownership interest in a health plan
P22 1so long as the health plan does not directly employ optometrists
2to provide optometric services directly to enrollees of the health
3plan, and may directly or indirectly provide products and services
4to the health plan or its contracted providers or enrollees or to other
5optometrists. For purposes of this section, an optometrist may be
6employed by a health plan as a clinical director for the health plan
7pursuant to Section 1367.01 of the Health and Safety Code or to
8perform services related to utilization management or quality
9assurance or other similar related services that do not require the
10optometrist to directly provide health care services to enrollees.
11In addition, an optometrist serving as a clinical director may not
12employ optometrists to provide health care services to enrollees
13of the health plan for which the optometrist is serving as clinical
14director. For the purposes of this section, the health plan’s
15utilization
management and quality assurance programs that are
16consistent with the Knox-Keene Health Care Service Plan Act of
171975 (Chapter 2.2 (commencing with Section 1340) of Division
182 of the Health and Safety Code) do not constitute providing health
19care services to enrollees.
20(2) The registered dispensing optician or optical company shall
21not interfere with the professional judgment of the optometrist.
22(3) The Department of Managed Health Care shall forward to
23the State Board of Optometry any complaints received from
24consumers that allege that an optometrist violated the Optometry
25Practice Act (Chapter 7 (commencing with Section 3000)). The
26Department of Managed Health Care and the State Board of
27Optometry shall enter into an Inter-Agency Agreement regarding
28the sharing of information related to the services provided by an
29optometrist that may be in violation of the Optometry Practice
Act
30that the Department of Managed Health Care encounters in the
31course of the administration of the Knox-Keene Health Care
32Service Plan Act of 1975 (Chapter 2.2 (commencing with section
331340) of Division 2 of the Health and Safety Code).
34(d) An optometrist, a registered dispensing optician, an optical
35company, or a health plan may execute a lease or other written
36agreement giving rise to a direct or indirect landlord-tenant
37relationship with an optometrist, if all of the following conditions
38are contained in a written agreement establishing the
39landlord-tenant relationship:
P23 1(1) (A) The practice shall be owned by the optometrist and in
2every phase be under the optometrist’s exclusive control, including
3the selection and supervision of optometric staff, the scheduling
4of patients, the amount of time the optometrist spends with patients,
5fees charged for
optometric products and services, the examination
6procedures and treatment provided to patients and the optometrist’s
7contracting with managed care organizations.
8(B) Subparagraph (A) shall not preclude a lease from including
9commercially reasonable terms that: (i) require the provision of
10optometric services at the leased space during certain days and
11hours, (ii) restrict the leased space from being used for the sale or
12offer for sale of spectacles, frames, lenses, contact lenses, or other
13ophthalmic products, except that the optometrist shall be permitted
14to sell therapeutic ophthalmic products if the registered dispensing
15optician, health plan, or optical company located on or adjacent
16to the optometrist’s leased space does not offer any substantially
17similar therapeutic ophthalmic products for sale, (iii) require the
18optometrist to contract with a health plan network, health plan, or
19health insurer, or (iv) permit the landlord to directly
or indirectly
20provide furnishings and equipment in the leased space.
21(2) The optometrist’s records shall be the sole property of the
22optometrist. Only the optometrist and those persons with written
23authorization from the optometrist shall have access to the patient
24records and the examination room, except as otherwise provided
25by law.
26(3) The optometrist’s leased space shall be definite and distinct
27from space occupied by other occupants of the premises, have a
28sign designating that the leased space is occupied by an
29independent optometrist or optometrists and be accessible to the
30optometrist after hours or in the case of an emergency, subject to
31the facility’s general accessibility. This paragraph shall not require
32a separate entrance to the optometrist’s leased space.
33(4) All signs and displays shall be separate
and distinct from
34that of the other occupants and shall have the optometrist's name
35and the word “optometrist” prominently displayed in connection
36therewith. This paragraph shall not prohibit the optometrist from
37advertising the optometrist’s practice location with reference to
38other occupants or prohibit the optometrist or registered dispensing
39optician from advertising their participation in any health plan’s
P24 1network or the health plan’s products in which the optometrist or
2registered dispensing optician participates.
3(5) There shall be no signs displayed on any part of the premises
4or in any advertising indicating that the optometrist is employed
5or controlled by the registered dispensing optician, health plan or
6optical company.
7(6) Except for a statement that an independent doctor of
8optometry is located in the leased space, in-store pricing signs and
9as otherwise permitted
by this subdivision, the registered
10dispensing optician or optical company shall not link its advertising
11with the optometrist's name, practice, or fees.
12(7) Notwithstanding paragraphs (4) and (6), this subdivision
13shall not preclude a health plan from advertising its health plan
14products and associated premium costs and any copayments,
15coinsurance, deductibles, or other forms of cost-sharing, or the
16names and locations of the health plan’s providers, including any
17optometrists or registered dispensing opticians that provide
18professional services, in compliance with the Knox-Keene Health
19Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
20Section 1340) of Division 2 of the Health and Safety Code).
21(8) A health plan that advertises its products and services in
22accordance with paragraph (7) shall not advertise the optometrist’s
23fees for products and services that are not
included in the health
24plan’s contract with the optometrist.
25(9) The optometrist shall not be precluded from collecting fees
26for services that are not included in a health plan’s products and
27services, subject to any patient disclosure requirements contained
28in the health plan’s provider agreement with the optometrist or
29that are not otherwise prohibited by the Knox-Keene Health Care
30Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
311340) of Division 2 of the Health and Safety Code).
32(10) The term of the lease shall be no less than one year and
33shall not require the optometrist to contract exclusively with a
34health plan. The optometrist may terminate the lease according to
35the terms of the lease. The landlord may terminate the lease for
36the following reasons:
37(A) The optometrist’s failure to maintain a
license to practice
38optometry or the imposition of restrictions, suspension or
39revocation of the optometrist’s license or if the optometrist or the
P25 1optometrist’s employee is or becomes ineligible to participate in
2state or federal government-funded programs.
3(B) Termination of any underlying lease where the optometrist
4has subleased space, or the optometrist’s failure to comply with
5the underlying lease provisions that are made applicable to the
6optometrist.
7(C) If the health plan is the landlord, the termination of the
8provider agreement between the health plan and the optometrist,
9in accordance with the Knox-Keene Health Care Service Plan Act
10of 1975 (Chapter 2.2 (commencing with Section 1340) of Division
112 of the Health and Safety Code).
12(D) Other reasons pursuant to the terms of the lease or permitted
13under the
Civil Code.
14(11) The landlord shall act in good faith in terminating the lease
15and in no case shall the landlord terminate the lease for reasons
16that constitute interference with the practice of optometry.
17(12) Lease or rent terms and payments shall not be based on
18number of eye exams performed, prescriptions written, patient
19referrals or the sale or promotion of the products of a registered
20dispensing optician or an optical company.
21(13) The landlord shall not terminate the lease solely because
22of a report, complaint, or allegation filed by the optometrist against
23the landlord, a registered dispensing optician or a health plan, to
24the State Board of Optometry or the Department of Managed
25Health Care or any law enforcement or regulatory agency.
26(14) The
landlord shall provide the optometrist with written
27notice of the scheduled expiration date of a lease at least 60 days
28prior to the scheduled expiration date. This notice obligation shall
29not affect the ability of either party to terminate the lease pursuant
30to this section. The landlord may not interfere with an outgoing
31optometrist’s efforts to inform the optometrist’s patients, in
32accordance with customary practice and professional obligations,
33of the relocation of the optometrist's practice.
34(15) The State Board of Optometry may inspect, upon request,
35an individual lease agreement pursuant to its investigational
36authority, and if such a request is made, the landlord or tenant, as
37applicable, shall promptly comply with the request. Failure or
38refusal to comply with the request for lease agreements within 30
39days of receiving the request constitutes unprofessional conduct
40and is grounds for disciplinary action by the appropriate regulatory
P26 1
agency. This section shall not affect the Department of Managed
2Health Care’s authority to inspect all books and records of a health
3plan pursuant to Section 1381 of the Health and Safety Code.
4Any financial information contained in the lease submitted to a
5regulatory entity, pursuant to this paragraph, shall be considered
6confidential trade secret information that is exempt from disclosure
7under the California Public Records Act (Chapter 3.5 (commencing
8with Section 6250) of Division 7 of Title 1 of the Government
9Code).
10(16) This subdivision shall not be applicable to the relationship
11between any optometrist employee and the employer medical
12group, or the relationship between a medical group exclusively
13contracted with a health plan regulated by the Department of
14Managed Health Care and that health plan.
15(e) No registered dispensing
optician may have any membership,
16proprietary interest, coownership, or profit sharing arrangement
17either by stock ownership, interlocking directors, trusteeship,
18mortgage, or trust deed, with an optometrist, except as permitted
19under this section.
20(f) Nothing in this section shall prohibit a person licensed under
21Chapter 5 (commencing with Section 2000) or its professional
22corporation from contracting with or employing optometrists,
23ophthalmologists, or optometric assistants and entering into a
24contract or landlord tenant relationship with a health plan, an
25optical company, or a registered dispensing optician, in accordance
26with Sections 650 and 654 of this code.
27(g) Any violation of this section constitutes a misdemeanor as
28to such person licensed under Chapter 7 (commencing with Section
293000) of this division and as to any and all persons, whether or
30not so licensed under this
division, who participate with such
31licensed person in a violation of any provision of this section.
32(h) (1) Notwithstanding any other law and in addition to any
33action available to the State Board of Optometry, the State Board
34of Optometry may issue a citation containing an order of
35abatement, an order to pay an administrative fine, or both, to an
36optical company, an optometrist, or a registered dispensing optician
37for a violation of this section. The administrative fine shall not
38exceed fifty thousand dollars ($50,000). In assessing the amount
39of the fine, the board shall give due consideration to all of the
40following:
P27 1(A) The gravity of the violation.
2(B) The good faith of the cited person or entity.
3(C) The history of previous
violations of the same or similar
4nature.
5(D) Evidence that the violation was or was not willful.
6(E) The extent to which the cited person or entity has cooperated
7with the board’s investigation.
8(F) The extent to which the cited person or entity has mitigated
9or attempted to mitigate any damage or injury caused by the
10violation.
11(G) Any other factors as justice may require.
12(2) A citation or fine assessment issued pursuant to a citation
13shall inform the cited person or entity that if a hearing is desired
14to contest the finding of a violation, that hearing shall be requested
15by written notice to the board within 30 days of the date of issuance
16of the citation or assessment. If a hearing is
not requested pursuant
17to this section, payment of any fine shall not constitute an
18admission of the violation charged. Hearings shall be held pursuant
19to Chapter 5 (commencing with Section 11500) of Part 1 of
20Division 3 of Title 2 of the Government Code.
21(3) The board shall adopt regulations to implement a system for
22the issuance of citations, administrative fines, and orders of
23abatement authorized by this section. The regulations shall include
24provisions for both of the following:
25(A) The issuance of a citation without an administrative fine.
26(B) The opportunity for a cited person or entity to have an
27informal conference with the executive officer of the board in
28addition to the hearing described in paragraph (2).
29(4) The failure of a licensee to pay
a fine within 30 days of the
30date of assessment, unless the citation is being appealed, may result
31in disciplinary action being taken by the board. Where a citation
32is not contested and a fine is not paid, the full amount of the
33assessed fine shall be added to the fee for renewal of the license.
34A license shall not be renewed without payment of the renewal
35fee and fine.
36(5) Notwithstanding any other law, if a fine is paid to satisfy an
37assessment based on the finding of a violation, payment of the fine
38shall be represented as satisfactory resolution of the matter for
39purposes of public disclosure.
P28 1(i) Administrative fines collected pursuant to this section shall
2be deposited in the Dispensing Opticians Fund. It is the intent of
3the Legislature that moneys collected as fines and deposited in the
4fund be used by the board primarily for enforcement
purposes.
Section 2556.1 of the Business and Professions Code
6 is amended to read:
All licensed optometrists and registered dispensing
8opticians who are in a colocated setting shall report the business
9relationship to the State Board of Optometry, as determined by
10the board. The State Board of Optometry shall have the authority
11to inspect any premises at which the business of a registered
12dispensing optician is colocated with the practice of an optometrist,
13for the purposes of determining compliance with Section 655. The
14inspection may include the review of any written lease agreement
15between the registered dispensing optician and the optometrist or
16between the optometrist and the health plan. Failure to comply
17with the inspection or any request for information by the board
18may subject the party to disciplinary action. The board shall
19provide a copy of its inspection results, if applicable, to the
20Department of Managed Health
Care.
Section 2556.2 of the Business and Professions Code
22 is amended to read:
(a) Notwithstanding any other law, subsequent to the
24effective date of this section and until January 1, 2019, any
25individual, corporation, or firm operating as a registered dispensing
26optician under this chapter before the effective date of this section,
27or an employee of such an entity, shall not be subject to any action
28for engaging in conduct prohibited by Section 2556 or Section 655
29as those sections existed prior to the effective date of this bill,
30except that a registrant shall be subject to discipline for duplicating
31or changing lenses without a prescription or order from a person
32duly licensed to issue the same.
33(b) Nothing in this section shall be construed to imply or suggest
34that a person registered under this chapter is in violation of or in
35compliance
with the law.
36(c) This section shall not apply to any business relationships
37prohibited by Section 2556 commencing registration or operations
38on or after the effective date of this section.
39(d) Subsequent to the effective date of this section and until
40January 1, 2019, nothing in this section shall prohibit an individual,
P29 1corporation, or firm operating as a registered dispensing optician
2from engaging in a business relationship with an optometrist
3licensed pursuant to Chapter 7 (commencing with Section 3000)
4before the effective date of this section at locations registered with
5the Medical Board of California before the effective date of this
6section.
7(e) This section does not apply to any administrative action
8pending, litigation pending, cause for discipline, or cause of action
9accruing prior to September 1,
2015.
10(f) Any registered dispensing optician or optical company that
11owns a health plan that employs optometrists, subject to this
12section, shall comply with the following milestones:
13(1) By January 1, 2017, 15 percent of its locations shall no
14longer employ an optometrist.
15(2) By August 1, 2017, 45 percent of its locations shall no longer
16employ an optometrist.
17(3) By January 1, 2019, 100 percent of its locations shall no
18longer employ an optometrist.
19(g) Any registered dispensing optician or optical company that
20owns a health plan that employs optometrists shall report to the
21State Board of Optometry in writing as to whether it has met each
22of the milestones in subdivision (f) within 30
days of each
23milestone. The State Board of Optometry shall provide those
24reports as soon as it receives them to the director and the
25Legislature. The report to the Legislature shall be submitted in
26compliance with Section 9795 of the Government Code.
27(h) (1) Notwithstanding any other law and in addition to any
28action available to the State Board of Optometry, the State Board
29of Optometry may issue a citation containing an order of
30abatement, an order to pay an administrative fine, or both, to an
31optical company, an optometrist, or a registered dispensing optician
32for a violation of this section. The administrative fine shall not
33exceed fifty thousand dollars ($50,000). In assessing the amount
34of the fine, the board shall give due consideration to all of the
35following:
36(A) The gravity of the violation.
37(B) The good faith of the cited person or entity.
38(C) The history of previous violations of the same or similar
39nature.
40(D) Evidence that the violation was or was not willful.
P30 1(E) The extent to which the cited person or entity has cooperated
2with the board’s investigation.
3(F) The extent to which the cited person or entity has mitigated
4or attempted to mitigate any damage or injury caused by the
5violation.
6(G) Any other factors as justice may require.
7(2) A citation or fine assessment issued pursuant to a citation
8shall inform the cited person or entity that if a hearing is desired
9to contest the finding of a
violation, that hearing shall be requested
10by written notice to the board within 30 days of the date of issuance
11of the citation or assessment. If a hearing is not requested pursuant
12to this section, payment of any fine shall not constitute an
13admission of the violation charged. Hearings shall be held pursuant
14to Chapter 5 (commencing with Section 11500) of Part 1 of
15Division 3 of Title 2 of the Government Code.
16(3) The board shall adopt regulations to implement a system for
17the issuance of citations, administrative fines, and orders of
18abatement authorized by this section. The regulations shall include
19provisions for both of the following:
20(A) The issuance of a citation without an administrative fine.
21(B) The opportunity for a cited person or entity to have an
22informal conference with the executive officer of the
board in
23addition to the hearing described in paragraph (2).
24(4) The failure of a licensee to pay a fine within 30 days of the
25date of assessment, unless the citation is being appealed, may result
26in disciplinary action being taken by the board. Where a citation
27is not contested and a fine is not paid, the full amount of the
28assessed fine shall be added to the fee for renewal of the license.
29A license shall not be renewed without payment of the renewal
30fee and fine.
31(5) Notwithstanding any other law, if a fine is paid to satisfy an
32assessment based on the finding of a violation, payment of the fine
33shall be represented as satisfactory resolution of the matter for
34purposes of public disclosure.
35(i) Administrative fines collected pursuant to this section shall
36be deposited in the Dispensing Opticians Fund. It is the
intent of
37the Legislature that moneys collected as fines and deposited in the
38fund be used by the board primarily for enforcement purposes.
Section 3010.5 of the Business and Professions Code
40 is amended to read:
(a) There is in the Department of Consumer Affairs
2a State Board of Optometry in which the enforcement of this
3chapter is vested. The board consists of 11 members, five of whom
4shall be public members and one of the nonpublic members shall
5be an individual registered as a dispensing optician, spectacle lens
6dispenser, or contact lens dispenser. The registered dispensing
7member shall be registered pursuant to Chapter 5.5. (commencing
8with Section 2550) and in good standing with the board.
9Six members of the board shall constitute a quorum.
10(b) The board shall, with respect to conducting investigations,
11inquiries, and disciplinary actions and proceedings, have the
12authority previously vested in the board as created pursuant
to
13former Section 3010. The board may enforce any disciplinary
14actions undertaken by that board.
15(c) This section shall remain in effect only until January 1, 2018,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2018, deletes or extends that date.
18Notwithstanding any other law, the repeal of this section renders
19the board subject to review by the appropriate policy committees
20of the Legislature.
21(d) The amendments to this section by the act adding this
22subdivision shall apply to appointments made on or after January
231, 2016.
Section 3011 of the Business and Professions Code is
25amended to read:
(a) Members of the board, except the public members
27and the registered dispensing member, shall be appointed only
28from persons who are registered optometrists of the State of
29California and actually engaged in the practice of optometry at the
30time of appointment or who are members of the faculty of a school
31of optometry. The public members shall not be a licentiate of the
32board or of any other board under this division or of any board
33referred to in Sections 1000 and 3600.
34No person except the registered dispensing member, including
35the public members, shall be eligible to membership on the board
36who is a stockholder in or owner of or a member of the board of
37trustees of any school of optometry or who shall be financially
38interested, directly or indirectly, in any concern manufacturing or
39
dealing in optical supplies at wholesale.
P32 1No person shall serve as a member of the board for more than
2two consecutive terms.
3A member of the faculty of a school of optometry may be
4appointed to the board; however, no more than two faculty
5members of schools of optometry may be on the board at any one
6time. Faculty members of the board shall not serve as public
7members.
8(b) The amendments to this section by the act adding this
9subdivision shall apply to appointments made on or after January
101, 2016.
Section 3013 of the Business and Professions Code is
12amended to read:
(a) Each member of the board shall hold office for a
14term of four years, and shall serve until the appointment and
15qualification of his or her successor or until one year shall have
16elapsed since the expiration of the term for which he or she was
17appointed, whichever first occurs.
18(b) Vacancies occurring shall be filled by appointment for the
19unexpired term.
20(c) The Governor shall appoint three of the public members,
21five members qualified as provided in Section 3011, and the
22registered dispensing member as provided in Section 3010.5. The
23Senate Committee on Rules and the Speaker of the Assembly shall
24each appoint a public member.
25(d) No
board member serving between January 1, 2000, and
26June 1, 2002, inclusive, shall be eligible for reappointment.
27(e) For initial appointments made on or after January 1, 2003,
28one of the public members appointed by the Governor and two of
29the professional members shall serve terms of one year. One of
30the public members appointed by the Governor and two of the
31professional members shall serve terms of three years. The
32remaining public member appointed by the Governor and the
33remaining two professional members shall serve terms of four
34years. The public members appointed by the Senate Committee
35on Rules and the Speaker of the Assembly shall each serve for a
36term of four years.
37(f) The initial appointment of a registered dispensing optician,
38spectacle lens dispenser, or contact lens dispenser member shall
39replace the optometrist member whose term expired on June 1,
402015.
P33 1(g) The amendments to this section by the act adding this
2subdivision shall apply to appointments made on or after January
31, 2016.
Section 3020 of the Business and Professions Code is
5amended to read:
(a) There shall be established under the State Board of
7Optometry a dispensing optician committee to advise and make
8recommendations to the board regarding the regulation of
9dispensing opticians, spectacle lens dispensers, and contact lens
10dispensers, registered pursuant to Chapter 5.5 (commencing with
11Section 2550). The committee shall consist of five members, one
12of whom shall be a registered dispensing optician registered
13pursuant to Chapter 5.5 (commencing with Section 2550), one of
14 whom shall be a spectacle lens dispenser or contact lens dispenser
15registered pursuant to Chapter 5.5 (commencing with Section
162550), two of whom shall be public members, and one of whom
17shall be a member of the board. Initial appointments to the
18committee shall be made by the board. The board shall stagger the
19terms of the initial members
appointed. The filling of vacancies
20on the committee shall be made by the board upon
21recommendations by the committee.
22(b) The committee shall be responsible for:
23(1) Recommending registration standards and criteria for the
24registration of dispensing opticians, nonresident contact lens sellers,
25spectacle lens dispensers, and contact lens dispensers.
26(2) Reviewing of the disciplinary guidelines relating to registered
27dispensing opticians, nonresident contact lens sellers, spectacle
28lens dispensers, and contact lens dispensers.
29(3) Recommending to the board changes or additions to
30regulations adopted pursuant to Chapter 5.5 (commencing with
31Section 2550).
32(4) Carrying out and implementing
all responsibilities and duties
33imposed upon it pursuant to this chapter or as delegated to it by
34the board.
35(c) The committee shall meet at least twice a year and as needed
36in order to conduct its business.
37(d) Recommendations by the committee regarding scope of
38practice or regulatory changes or additions shall be approved,
39modified, or rejected by the board within 90 days of submission
40of the recommendation to the board. If the board rejects or
P34 1significantly modifies the intent or scope of the recommendation,
2the committee may request that the board provide its reasons in
3writing for rejecting or significantly modifying the
4recommendation, which shall be provided by the board within 30
5days of the request.
6(e) After the initial appointments by the board pursuant to
7subdivision (a), the Governor shall appoint the
registered
8dispensing optician members and the public members. The
9committee shall submit a recommendation to the board regarding
10which board member should be appointed to serve on the
11committee, and the board shall appoint the member to serve.
12Committee members shall serve a term of four years except for
13the initial staggered terms. A member may be reappointed, but no
14person shall serve as a member of the committee for more than
15two consecutive terms.
16(f) The amendments to this section by the act adding this
17subdivision apply as of January 1, 2016.
Section 846.1 of the Civil Code is amended to read:
(a) Except as provided in subdivision (c), an owner of
20any estate or interest in real property, whether possessory or
21nonpossessory, who gives permission to the public for entry on or
22use of the real property pursuant to an agreement with a public or
23nonprofit agency for purposes of recreational trail use, and is a
24defendant in a civil action brought by, or on behalf of, a person
25who is allegedly injured or allegedly suffers damages on the real
26property, may present a claim to the Department of General
27Services for reasonable attorney’s fees incurred in this civil action
28if any of the following occurs:
29(1) The court has dismissed the civil action upon a demurrer or
30motion for summary judgment made by the owner or upon its own
31
motion for lack of prosecution.
32(2) The action was dismissed by the plaintiff without any
33payment from the owner.
34(3) The owner prevails in the civil action.
35(b) Except as provided in subdivision (c), a public entity, as
36defined in Section 831.5 of the Government Code, that gives
37permission to the public for entry on or use of real property for a
38recreational purpose, as defined in Section 846, and is a defendant
39in a civil action brought by, or on behalf of, a person who is
40allegedly injured or allegedly suffers damages on the real property,
P35 1may present a claim to the Department of General Services for
2reasonable attorney’s fees incurred in this civil action if any of the
3following occurs:
4(1) The court has dismissed the civil action upon a demurrer or
5
motion for summary judgment made by this public entity or upon
6its own motion for lack of prosecution.
7(2) The action was dismissed by the plaintiff without any
8payment from the public entity.
9(3) The public entity prevails in the civil action.
10(c) An owner of any estate or interest in real property, whether
11possessory or nonpossessory, or a public entity, as defined in
12Section 831.5 of the Government Code, that gives permission to
13the public for entry on, or use of, the real property for a recreational
14purpose, as defined in Section 846, pursuant to an agreement with
15a public or nonprofit agency, and is a defendant in a civil action
16brought by, or on behalf of, a person who seeks to restrict, prevent,
17or delay public use of that property, may present a claim to the
18Department of General Services for reasonable
attorney’s fees
19incurred in the civil action if any of the following occurs:
20(1) The court has dismissed the civil action upon a demurrer or
21motion for summary judgment made by the owner or public entity
22or upon its own motion for lack of prosecution.
23(2) The action was dismissed by the plaintiff without any
24payment from the owner or public entity.
25(3) The owner or public entity prevails in the civil action.
26(d) The Department of General Services shall allow the claim
27if the requirements of this section are met. The claim shall be paid
28from an appropriation to be made for that purpose. Reasonable
29attorney’s fees, for purposes of this section, may not exceed an
30hourly rate greater than the rate charged by the Attorney General
31at the time the award is
made, and may not exceed an aggregate
32amount of twenty-five thousand dollars ($25,000). This subdivision
33shall not apply if a public entity has provided for the defense of
34this civil action pursuant to Section 995 of the Government Code.
35This subdivision shall also not apply if an owner or public entity
36has been provided a legal defense by the state pursuant to any
37contract or other legal obligation.
38(e) The total of claims allowed by the Department of General
39Services pursuant to this section shall not exceed two hundred
40thousand dollars ($200,000) per fiscal year.
Section 1789.37 of the Civil Code is amended to read:
(a) Every owner of a check casher’s business shall
3obtain a permit from the Department of Justice to conduct a check
4casher’s business.
5(b) All applications for a permit to conduct a check casher’s
6business shall be filed with the department in writing, signed by
7the applicant, if an individual, or by a member or officer authorized
8to sign, if the applicant is a corporation or other entity, and shall
9state the name of the business, the type of business engaged in,
10and the business address. Each applicant shall be fingerprinted.
11(c) Each applicant for a permit to conduct a check casher’s
12business shall pay a fee not to exceed the cost of processing the
13
application, fingerprinting the applicant, and checking or obtaining
14the criminal record of the applicant, at the time of filing the
15application.
16(d) Each applicant shall annually, beginning one year from the
17date of issuance of a check casher’s permit, file an application for
18renewal of the permit with the department, along with payment of
19a renewal fee not to exceed the cost of processing the application
20for renewal and checking or obtaining the criminal record of the
21applicant.
22(e) The department shall deny an application for a permit to
23conduct a check casher’s business, or for renewal of a permit, if
24the applicant has a felony conviction involving dishonesty, fraud,
25or deceit, if the crime is substantially related to the qualifications,
26functions, or duties of a person engaged in the business of check
27cashing.
28(f) The department shall adopt regulations to implement this
29section and shall determine the amount of the application fees
30required by this section. The department shall prescribe forms for
31the applications and permit required by this section, which shall
32be uniform throughout the state.
33(g) In any action brought by a city attorney or district attorney
34to enforce a violation of this section, an owner of a check casher’s
35business who engages in the business of check cashing without
36holding a current and valid permit issued by the department
37pursuant to this section is subject to a civil penalty, as follows:
38(1) For the first offense, not more than one thousand dollars
39($1,000).
P37 1(2) For the second offense, not more than five thousand dollars
2($5,000).
3(h) Any person who has twice been found in violation of
4subdivision (g) and who, within 10 years of the date of the first
5offense, engages in the business of check cashing without holding
6a current and valid permit issued by the department pursuant to
7this section is guilty of a misdemeanor punishable by imprisonment
8in a county jail not exceeding six months, or by a fine not
9exceeding five thousand dollars ($5,000), or by both that fine and
10imprisonment.
11(i) All civil penalties, forfeited bail, or fines received by any
12court pursuant to this section shall, as soon as practicable after the
13receipt thereof, be deposited with the county treasurer of the county
14in which the court is situated. Fines and forfeitures deposited shall
15be disbursed pursuant to the Penal Code. Civil penalties deposited
16shall be paid at least once a month as follows:
17(1) Fifty percent to the
Treasurer by warrant of the county
18auditor drawn upon the requisition of the clerk or judge of the
19court, to be deposited in the State Treasury on order of the
20Controller.
21(2) Fifty percent to the city treasurer of the city, if the offense
22occurred in a city, otherwise to the treasurer of the county in which
23the prosecution is conducted. Any money deposited in the State
24Treasury under this section that is determined by the Controller to
25have been erroneously deposited shall be refunded out of any
26money in the State Treasury that is available by law for that
27purpose.
28(j) This section shall become operative December 31, 2004.
Section 77 of the Code of Civil Procedure is amended
30to read:
(a) In every county and city and county, there is an
32appellate division of the superior court consisting of three judges
33or, when the Chief Justice finds it necessary, four judges.
34The Chief Justice shall assign judges to the appellate division
35for specified terms pursuant to rules, not inconsistent with statute,
36adopted by the Judicial Council to promote the independence and
37quality of each appellate division. Each judge assigned to the
38appellate division of a superior court shall be a judge of that court,
39a judge of the superior court of another county, or a judge retired
P38 1from the superior court or a court of higher jurisdiction in this
2state.
3The Chief Justice shall designate one of the judges of each
4appellate division as the presiding judge of
the division.
5(b) In each appellate division, no more than three judges shall
6participate in a hearing or decision. The presiding judge of the
7division shall designate the three judges who shall participate.
8(c) In addition to their other duties, the judges designated as
9members of the appellate division of the superior court shall serve
10for the period specified in the order of designation. Whenever a
11judge is designated to serve in the appellate division of the superior
12court of a county other than the county in which that judge was
13elected or appointed as a superior court judge, or if the judge is
14retired, in a county other than the county in which the judge resides,
15the judge shall receive expenses for travel, board, and lodging. If
16the judge is out of the judge’s county overnight or longer, by reason
17of the designation, that judge shall be paid a per diem allowance
18in lieu of
expenses for board and lodging in the same amounts as
19are payable for those purposes to justices of the Supreme Court
20under the rules of the Department of General Services. In addition,
21a retired judge shall receive for the time so served, amounts equal
22to that which the judge would have received if the judge had been
23assigned to the superior court of the county.
24(d) The concurrence of two judges of the appellate division of
25the superior court shall be necessary to render the decision in every
26case in, and to transact any other business except business that
27may be done at chambers by the presiding judge of, the division.
28A judgment of the appellate division in an appeal shall contain a
29brief statement of the reasons for the judgment. A judgment stating
30only “affirmed” or “reversed” is insufficient. The presiding judge
31shall convene the appellate division when necessary. The presiding
32judge shall also supervise its business and transact any
business
33that may be done at chambers.
34(e) The appellate division of the superior court has jurisdiction
35on appeal in all cases in which an appeal may be taken to the
36superior court or the appellate division of the superior court as
37provided by law, except where the appeal is a retrial in the superior
38court.
39(f) The powers of each appellate division shall be the same as
40are now or may hereafter be provided by law or rule of the Judicial
P39 1Council relating to appeals to the appellate division of the superior
2courts.
3(g) The Judicial Council shall promulgate rules, not inconsistent
4with law, to promote the independence of, and govern the practice
5and procedure and the disposition of the business of, the appellate
6division.
7(h) Notwithstanding subdivisions
(b) and (d), appeals from
8convictions of traffic infractions may be heard and decided by one
9judge of the appellate division of the superior court.
Section 1345 of the Code of Civil Procedure is
11amended to read:
If any person has erroneously delivered any unclaimed
13moneys or other unclaimed property to the state or any officer or
14employee thereof, and the moneys or other property is deposited
15in the Unclaimed Property Fund or is held by the Controller or
16Treasurer in the name of any account in that fund pursuant to this
17title, the moneys or other property delivered in error may be
18refunded or returned to that person on order of the Controller.
Section 1346 of the Code of Civil Procedure is
20amended to read:
If any person has erroneously delivered any unclaimed
22moneys or other unclaimed property to the state or any officer or
23employee thereof, and the moneys or other property is deposited
24in, or transferred to, the General Fund, or is held by the Controller
25or Treasurer in the name of that fund, pursuant to this title, the
26moneys or other property delivered in error, if cash, shall on order
27of the Controller, be transferred from the General Fund to the
28Unclaimed Property Fund, and, if other than cash, the records of
29the Controller and Treasurer shall be adjusted to show that it is
30held in the name of the proper account in the Unclaimed Property
31Fund; and the moneys or other property may be refunded or
32returned to that person on order of the Controller.
Section 1370 of the Code of Civil Procedure is
34amended to read:
The Controller may sell or lease personal property at
36any time, and in any manner, and may execute those leases on
37behalf and in the name of the State of California.
Section 1371 of the Code of Civil Procedure is
39amended to read:
The Controller may sell, cash, redeem, exchange, or
2otherwise dispose of any securities and all other classes of personal
3property, and may sell, cash, redeem, exchange, compromise,
4adjust, settle, or otherwise dispose of any accounts, debts,
5contractual rights, or other choses in action if, in his or her opinion,
6that action on his or her part is necessary or will tend to safeguard
7and conserve the interests of all parties, including the state, having
8any vested or expectant interest in the property.
Section 1375 of the Code of Civil Procedure is
10amended to read:
Any real property may be sold or leased by the Controller
12at private sale without published notice.
Section 1379 of the Code of Civil Procedure is
14amended to read:
The Controller may destroy or otherwise dispose of any
16personal property other than cash deposited in the State Treasury
17under this title, if that property is determined by him or her to be
18valueless or of such little value that the costs of conducting a sale
19would probably exceed the amount that would be realized from
20the sale, and neither the Treasurer nor Controller shall be held to
21respond in damages at the suit of any person claiming loss by
22reason of that destruction or disposition.
Section 1563 of the Code of Civil Procedure is
24amended to read:
(a) Except as provided in subdivisions (b) and (c), all
26escheated property delivered to the Controller under this chapter
27shall be sold by the Controller to the highest bidder at public sale
28in whatever city in the state affords in his or her judgment the most
29favorable market for the property involved, or the Controller may
30conduct the sale by electronic media, including, but not limited
31to, the Internet, if in his or her judgment it is cost effective to
32conduct the sale of the property involved in that manner. However,
33no sale shall be made pursuant to this subdivision until 18 months
34after the final date for filing the report required by Section 1530.
35The Controller may decline the highest bid and reoffer the property
36for sale if he or she considers the price bid insufficient. The
37Controller need not offer any property for sale
if, in his or her
38opinion, the probable cost of sale exceeds the value of the property.
39Any sale of escheated property held under this section shall be
40preceded by a single publication of notice thereof, at least one
P41 1week in advance of sale, in an English language newspaper of
2general circulation in the county where the property is to be sold.
3(b) Securities listed on an established stock exchange shall be
4sold at the prevailing prices on that exchange. Other securities may
5be sold over the counter at prevailing prices or by any other method
6that the Controller may determine to be advisable. These securities
7shall be sold by the Controller no sooner than 18 months, but no
8later than 20 months, after the final date for filing the report
9required by Section 1530. If securities delivered to the Controller
10by a holder of the securities remain in the custody of the Controller,
11a person making a valid claim for those securities under this chapter
12
shall be entitled to receive the securities from the Controller. If
13the securities have been sold, the person shall be entitled to receive
14the net proceeds received by the Controller from the sale of the
15securities. United States government savings bonds and United
16States war bonds shall be presented to the United States for
17payment. Subdivision (a) does not apply to the property described
18in this subdivision.
19(c) (1) All escheated property consisting of military awards,
20decorations, equipment, artifacts, memorabilia, documents,
21photographs, films, literature, and any other item relating to the
22military history of California and Californians that is delivered to
23the Controller is exempt from subdivision (a) and may, at the
24discretion of the Controller, be held in trust for the Controller at
25the California State Military Museum and Resource Center, or
26successor entity. All escheated property held in trust pursuant to
27this
subdivision is subject to the applicable regulations of the
28United States Army governing Army museum activities as
29described in Section 179 of the Military and Veterans Code. Any
30person claiming an interest in the escheated property may file a
31claim to the property pursuant to Article 4 (commencing with
32Section 1540).
33(2) The California State Military Museum and Resource Center,
34or successor entity, shall be responsible for the costs of storage
35and maintenance of escheated property delivered by the Controller
36under this subdivision.
37(d) The purchaser at any sale conducted by the Controller
38pursuant to this chapter shall receive title to the property purchased,
39free from all claims of the owner or prior holder thereof and of all
P42 1persons claiming through or under them. The Controller shall
2execute all documents necessary to complete the transfer of
title.
Section 12117 of the Education Code is amended to
4read:
(a) The State Agency for Donated Food Distribution
6may, without at the time furnishing vouchers or itemized
7statements, draw from the Donated Food Revolving Fund for use
8as a departmental revolving fund either of the following:
9(1) A sum not to exceed thirty thousand dollars ($30,000).
10(2) With the approval of the Department of Finance, a sum in
11excess of thirty thousand dollars ($30,000).
12(b) Any moneys withdrawn pursuant to subdivision (a) may
13only be used, in accordance with law and the Department of
14General Services rules, for payment of compensation earned,
15traveling expense, traveling expense
advances, or where immediate
16payment is otherwise necessary. All disbursements from the
17revolving fund shall be substantiated by vouchers filed with and
18audited by the Controller. From time to time, disbursements,
19supported by vouchers, may be reported to the Controller in
20connection with claims for reimbursement of the departmental
21revolving fund. At any time upon the demand of the Department
22of Finance or the Controller, the revolving fund shall be accounted
23for and substantiated by vouchers and itemized statements
24submitted to and audited by the Controller.
Section 17295 of the Education Code is amended to
26read:
(a) (1) The Department of General Services shall pass
28upon and approve or reject all plans for the construction or, if the
29estimated cost exceeds one hundred thousand dollars ($100,000),
30the alteration of any school building.
31(2) To enable the Department of General Services to pass upon
32and approve plans pursuant to this subdivision, the governing board
33of each school district and any other school authority before
34adopting any plans for the school building shall submit the plans
35to the Department of General Services for approval, and shall pay
36the fees prescribed in this article.
37(b) Notwithstanding subdivision (a), where the estimated cost
38
of the reconstruction or alteration of, or an addition to, any school
39building exceeds one hundred thousand dollars ($100,000), but
40does not exceed two hundred twenty-five thousand dollars
P43 1($225,000), a licensed structural engineer shall examine the
2proposed project to determine if it is a nonstructural alteration or
3a structural alteration. If he or she determines that the project is a
4nonstructural alteration, he or she shall prepare a statement so
5indicating. If he or she determines that the project is structural, he
6or she shall prepare plans and specifications for the project which
7shall be submitted to the Department of General Services for review
8and approval. 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
13
authorized 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 the Department of General Services. The letter of
21certification shall bear the identifying licensing stamp or seal of
22the design professional. This paragraph does not preclude a design
23professional from submitting plans and specifications to the
24Department of General Services along with the appropriate fee for
25review.
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 the Department of General
29Services to inspect school buildings, shall certify in writing to the
30Department of General Services that the reconstruction, alteration,
31or addition has been completed in compliance with the plans and
32specifications.
33(3) The dollar amounts cited in this section shall be increased
34on an annual basis, commencing January 1, 2018, by the
35Department of General Services according to an inflationary index
36governing construction costs that is selected and recognized by
37the Department of General Services.
38(4) No school district shall subdivide a project for the purpose
39of evading the limitation on amounts cited in this section.
P44 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.
Section 24618 of the Education Code is amended to
7read:
Losses or gains resulting from overpayment or
9underpayment of contributions or other amounts under this part
10within the limits set by the Department of General Services for
11automatic writeoff, and losses or gains in greater amounts
12specifically approved for writeoffs by the Department of General
13Services, shall be debited or credited, as the case may be, to the
14appropriate reserve in the retirement fund.
Section 68121 of the Education Code is amended to
16read:
(a) Notwithstanding any other provision of law, no
18mandatory systemwide fees or tuition of any kind shall be required
19or collected by the Regents of the University of California or the
20Trustees of the California State University, from a student who is
21in an undergraduate program and who is the surviving dependent
22of any individual killed in the September 11, 2001, terrorist attacks
23on the World Trade Center in New York City, the Pentagon
24building in Washington, DC, or the crash of United Airlines Flight
2593 in southwestern Pennsylvania, if he or she meets the financial
26need requirements set forth in Section 69432.7 for the Cal Grant
27A Program and either of the following apply:
28(1) The surviving dependent was a resident of
California on
29September 11, 2001.
30(2) The individual killed in the attacks was a resident of
31California on September 11, 2001.
32(b) (1) The California Victim Compensation Board shall
33identify all persons who are eligible for tuition and fee waivers
34pursuant to this section or subdivision (j) of Section 76300. That
35board shall notify these persons or, in the case of minors, the
36parents or guardians of these persons, of their eligibility for tuition
37and fee waivers under these provisions. This notification shall be
38in writing, and shall be received by all of the appropriate persons
39no later than July 1, 2003.
P45 1(2) The Trustees of the California State University, the Regents
2of the University of California and the governing board of each
3community college district in the state shall waive tuition and
fees,
4as specified in this section and in subdivision (j) of Section 76300,
5for any person who can demonstrate eligibility. If requested by
6the California State University, the University of California,
7Hastings College of the Law, or a California Community College,
8the California Victim Compensation Board, on a case-by-case
9basis, shall confirm the eligibility of persons requesting the waiver
10of tuition and fees, as provided for in this section.
11(c) A determination of whether a person is a resident of
12California on September 11, 2001, shall be based on the criteria
13set forth in this chapter for determining nonresident and resident
14tuition.
15(d) (1) “Dependent,” for purposes of this section, is a person
16who, because of his or her relationship to an individual killed as
17a result of injuries sustained during the terrorist attacks of
18September 11, 2001, qualifies
for compensation under the federal
19September 11th Victim Compensation Fund of 2001 (Title IV
20(commencing with Section 401) of Public Law 107-42).
21(2) A dependent who is the surviving spouse of an individual
22killed in the terrorist attacks of September 11, 2001, is entitled to
23the waivers provided in this section until January 1, 2013.
24(3) A dependent who is the surviving child, natural or adopted,
25of an individual killed in the terrorist attacks of September 11,
262001, is entitled to the waivers under this section until that person
27obtains the age of 30 years.
28(4) A dependent of an individual killed in the terrorist attacks
29of September 11, 2001, who is determined to be eligible by the
30California Victim Compensation Board, is also entitled to the
31waivers provided in this section until January 1,
2013.
Section 70010.1 of the Education Code is amended
33to read:
As used in this article:
35(a) “Board” means the Scholarshare Investment Board
36established pursuant to Section 69984.
37(b) “California resident” means a person who would not be
38required to pay nonresident tuition under Chapter 1 (commencing
39with Section 68000) of Part 41.
P46 1(c) “Dependent” means a person identified by the California
2Victim Compensation Board because of his or her relationship to
3a California resident killed as a result of injuries sustained during
4the terrorist attacks of September 11, 2001.
5(d) “Fund” means the California Memorial
Scholarship Fund
6established pursuant to Section 5066 of the Vehicle Code.
7(e) “Institution of higher education” has the same meaning as
8“eligible educational institution,” as defined in paragraph (5) of
9subsection (e) of Section 529 of the Internal Revenue Code of
101986, as amended by Section 211 of the Taxpayer Relief Act of
111997 (Public Law 105-34).
12(f) “Participant” means a surviving dependent of a California
13resident killed as a result of injuries sustained during the terrorist
14attacks of September 11, 2001, who has executed, or on whose
15behalf has been executed, an agreement pursuant to Section 70011.
16(g) “Program” means the California Memorial Scholarship
17Program established pursuant to Section 70010.
18(h) “Scholarship” means a participant’s
account as established
19by the board with moneys deposited in the fund.
Section 70010.5 of the Education Code is amended
21to read:
(a) The California Victim Compensation Board shall
23identify, and confirm by documentation, all persons who are
24eligible for scholarships under the program. The California Victim
25Compensation Board shall use various methods to identify those
26persons, including, but not limited to, all of the following:
27(1) Media outreach, including, but not limited to, social media,
28that explains the details of the program, who is eligible for
29scholarships under the program, and how to sign up for further
30notifications regarding the program.
31(2) Written notification to persons, or in the case of minors,
32their parents or guardians, who have previously been identified as
33eligible for scholarships under the program, and
their known family
34members. The notification shall explain that the program has been
35reopened, and that the California Victim Compensation Board is
36seeking information regarding other persons who may be eligible
37for the program, and shall provide instructions on how to sign up
38for further notifications regarding the program.
39(3) Communication with the Special Master of the federal
40September 11th Victim Compensation Fund to determine if
P47 1additional victims who were California residents have been
2identified.
3(b) After creating a new list of eligible persons for the program,
4the California Victim Compensation Board shall notify these
5persons or, in the case of minors, the parents or guardians of these
6persons, of their eligibility for scholarships under the program.
7(1) The notification shall be in writing.
8(2) The notification shall provide details on the program and
9how to apply for scholarships under the program.
10(3) The notification shall be received by all of the appropriate
11persons no later than July 1, 2015.
12(c) The Scholarshare Investment Board shall service scholarships
13pursuant to this article only for individuals determined to be eligible
14by the California Victim Compensation Board.
15(d) Eligible persons, or in the case of minors, the parents or
16guardians of these persons, shall inform the Scholarshare
17Investment Board of their decision on whether to participate in the
18program in a timely manner. Eligible persons, or in the case of
19minors, the parents or guardians of these persons, who are to
20become participants in the program shall execute
agreements
21pursuant to Section 70011 no later than July 1, 2016.
Section 76300 of the Education Code is amended to
23read:
(a) The governing board of each community college
25district shall charge each student a fee pursuant to this section.
26(b) (1) The fee prescribed by this section shall be forty-six
27dollars ($46) per unit per semester, effective with the summer term
28of the 2012 calendar year.
29(2) The board of governors shall proportionately adjust the
30amount of the fee for term lengths based upon a quarter system,
31and also shall proportionately adjust the amount of the fee for
32summer sessions, intersessions, and other short-term courses. In
33making these adjustments, the board of governors may round the
34per unit fee and the per term or per session fee to the nearest dollar.
35(c) For the purposes of computing apportionments to community
36college districts pursuant to Section 84750.5, the board of
37governors shall subtract, from the total revenue owed to each
38district, 98 percent of the revenues received by districts from
39charging a fee pursuant to this section.
P48 1(d) The board of governors shall reduce apportionments by up
2to 10 percent to any district that does not collect the fees prescribed
3by this section.
4(e) The fee requirement does not apply to any of the following:
5(1) Students enrolled in the noncredit courses designated by
6Section 84757.
7(2) California State University or University of California
8students enrolled in remedial classes provided by a community
9
college district on a campus of the University of California or a
10campus of the California State University, for whom the district
11claims an attendance apportionment pursuant to an agreement
12between the district and the California State University or the
13University of California.
14(3) Students enrolled in credit contract education courses
15pursuant to Section 78021, if the entire cost of the course, including
16administrative costs, is paid by the public or private agency,
17corporation, or association with which the district is contracting
18and if these students are not included in the calculation of the
19full-time equivalent students (FTES) of that district.
20(f) The governing board of a community college district may
21exempt special part-time students admitted pursuant to Section
2276001 from the fee requirement.
23(g) (1) The fee requirements of this section shall be waived for
24any student who meets all of the following requirements:
25(A) Meets minimum academic and progress standards adopted
26by the board of governors, which fulfill the requirements outlined
27in this paragraph and paragraphs (2) to (5), inclusive. Any
28minimum academic and progress standards adopted pursuant to
29this section shall be uniform across all community college districts
30and campuses. These standards shall not include a maximum unit
31cap, and community college districts and colleges shall not impose
32requirements for fee waiver eligibility other than the minimum
33academic and progress standards adopted by the board of governors
34and the requirements of subparagraph (B).
35(B) Meets one of the following criteria:
36(i) At the time of enrollment, is a
recipient of benefits under the
37Temporary Assistance for Needy Families program, the
38Supplemental Security Income/State Supplementary Payment
39Program, or a general assistance program.
P49 1(ii) Demonstrates eligibility according to income standards
2established by regulations of the board of governors.
3(iii) Demonstrates financial need in accordance with the
4methodology set forth in federal law or regulation for determining
5the expected family contribution of students seeking financial aid.
6(2) (A) The board of governors, in consultation with students,
7faculty, and other key stakeholders, shall consider all of the
8following in the development and adoption of minimum academic
9and progress standards pursuant to subparagraph (A) of paragraph
10(1):
11(i) Minimum uniform academic and progress standards that do
12not unfairly disadvantage financially needy students in pursuing
13their education.
14(ii) Criteria for reviewing extenuating circumstances and
15granting appeals that, at a minimum, take into account and do not
16penalize a student for circumstances outside his or her control,
17such as reductions in student support services or changes to the
18economic situation of the student.
19(iii) A process for reestablishing fee waiver eligibility that
20provides a student with a reasonable opportunity to continue or
21resume his or her enrollment at a community college.
22(B) To ensure that students are not unfairly impacted by the
23requirements of subparagraph (A) of paragraph (1), the board of
24governors shall establish a reasonable implementation period that
25commences no
sooner than one year from adoption of the minimum
26academic and progress standards, or any subsequent changes to
27these standards, pursuant to subparagraph (A) of paragraph (1)
28and that is phased in to provide students adequate notification of
29this requirement and information about available support resources.
30(3) It is the intent of the Legislature that minimum academic
31and progress standards adopted pursuant to subparagraph (A) of
32paragraph (1) be implemented only as campuses develop and
33implement the student support services and interventions necessary
34to ensure no disproportionate impact to students based on ethnicity,
35gender, disability, or socioeconomic status. The board of governors
36shall consider the ability of community college districts to meet
37the requirements of this paragraph before adopting minimum
38academic and progress standards, or any subsequent changes to
39these standards, pursuant to subparagraph (A) of paragraph (1).
P50 1(4) It is the intent of the Legislature to ensure that a student shall
2not lose fee waiver eligibility without a community college campus
3first demonstrating a reasonable effort to provide a student with
4adequate notification and assistance in maintaining his or her fee
5waiver eligibility. The board of governors shall adopt regulations
6to implement this paragraph that ensure all of the following:
7(A) Students are provided information about the available
8student support services to assist them in maintaining fee waiver
9eligibility.
10(B) Community college district policies and course catalogs
11reflect the minimum academic and progress standards adopted
12pursuant to subparagraph (A) of paragraph (1) and that appropriate
13notice is provided to students before the policies are put into effect.
14(C) A student does not lose fee waiver eligibility unless he or
15she has not met minimum academic and progress standards adopted
16pursuant to subparagraph (A) of paragraph (1) for a period of no
17less than two consecutive academic terms.
18(5) The board of governors shall provide notification of a
19proposed action to adopt regulations pursuant to this subdivision
20to the appropriate policy and fiscal committees of the Legislature
21in accordance with the requirements of paragraph (1) of subdivision
22(a) of Section 70901.5. This notification shall include, but not be
23limited to, all of the following:
24(A) The proposed minimum academic and progress standards
25and information detailing how the requirements of paragraphs (1)
26to (4), inclusive, have been or will be satisfied.
27(B) How many students may lose fee waiver eligibility by
28ethnicity, gender, disability, and, to the extent relevant data is
29available, by socioeconomic status.
30(C) The criteria for reviewing extenuating circumstances,
31granting appeals, and reestablishing fee waiver eligibility pursuant
32to paragraph (2).
33(h) The fee requirements of this section shall be waived for any
34student who, at the time of enrollment, is a dependent or surviving
35spouse who has not remarried, of any member of the California
36National Guard who, in the line of duty and while in the active
37service of the state, was killed, died of a disability resulting from
38an event that occurred while in the active service of the state, or
39is permanently disabled as a result of an event that occurred while
40in the active service of the state. “Active service of the state,” for
P51 1the purposes of this subdivision,
refers to a member of the
2California National Guard activated pursuant to Section 146 of
3the Military and Veterans Code.
4(i) The fee requirements of this section shall be waived for any
5student who is the surviving spouse or the child, natural or adopted,
6of a deceased person who met all of the requirements of Section
768120.
8(j) The fee requirements of this section shall be waived for any
9student in an undergraduate program, including a student who has
10previously graduated from another undergraduate or graduate
11program, who is the dependent of any individual killed in the
12September 11, 2001, terrorist attacks on the World Trade Center
13and the Pentagon or the crash of United Airlines Flight 93 in
14southwestern Pennsylvania, if that dependent meets the financial
15need requirements set forth in Section 69432.7 for the Cal Grant
16A Program and either of the following applies:
17(1) The dependent was a resident of California on September
1811, 2001.
19(2) The individual killed in the attacks was a resident of
20California on September 11, 2001.
21(k) A determination of whether a person is a resident of
22California on September 11, 2001, for purposes of subdivision (j)
23shall be based on the criteria set forth in Chapter 1 (commencing
24with Section 68000) of Part 41 of Division 5 for determining
25nonresident and resident tuition.
26(l) (1) “Dependent,” for purposes of subdivision (j), is a person
27who, because of his or her relationship to an individual killed as
28a result of injuries sustained during the terrorist attacks of
29September 11, 2001, qualifies for compensation under the federal
30September 11th Victim Compensation
Fund of 2001 (Title IV
31(commencing with Section 401) of Public Law 107-42).
32(2) A dependent who is the surviving spouse of an individual
33killed in the terrorist attacks of September 11, 2001, is entitled to
34the waivers provided in this section until January 1, 2013.
35(3) A dependent who is the surviving child, natural or adopted,
36of an individual killed in the terrorist attacks of September 11,
372001, is entitled to the waivers under subdivision (j) until that
38person attains 30 years of age.
39(4) A dependent of an individual killed in the terrorist attacks
40of September 11, 2001, who is determined to be eligible by the
P52 1California Victim Compensation Board, is also entitled to the
2waivers provided in this section until January 1, 2013.
3(m) (1) It is the intent of the Legislature that sufficient funds
4be provided to support the provision of a fee waiver for every
5student who demonstrates eligibility pursuant to subdivisions (g)
6to (j), inclusive.
7(2) From funds provided in the annual Budget Act, the board
8of governors shall allocate to community college districts, pursuant
9to this subdivision, an amount equal to 2 percent of the fees waived
10pursuant to subdivisions (g) to (j), inclusive. From funds provided
11in the annual Budget Act, the board of governors shall allocate to
12community college districts, pursuant to this subdivision, an
13amount equal to ninety-one cents ($0.91) per credit unit waived
14pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
15Legislature that funds provided pursuant to this subdivision be
16used to support the determination of financial need and delivery
17of student financial aid services, on the basis of the number of
18students
for whom fees are waived. It also is the intent of the
19Legislature that the funds provided pursuant to this subdivision
20directly offset mandated costs claimed by community college
21districts pursuant to Commission on State Mandates consolidated
22Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
23(Enrollment Fee Waivers). Funds allocated to a community college
24district for determination of financial need and delivery of student
25financial aid services shall supplement, and shall not supplant, the
26level of funds allocated for the administration of student financial
27aid programs during the 1992-93 fiscal year.
28(n) The board of governors shall adopt regulations implementing
29this section.
30(o) This section shall become operative on May 1, 2012, only
31if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
32operative.
Section 81133 of the Education Code is amended to
34read:
(a) The Department of General Services shall pass
36upon, and approve or reject, all plans for the construction or, if the
37estimated cost exceeds one hundred thousand dollars ($100,000),
38the alteration of any school building. To enable it to do so, the
39governing board of each community college district and any other
40school authority before adopting any plans for the school building
P53 1shall submit the plans to the Department of General Services for
2approval, and shall pay the fees prescribed in this article.
3(b) Notwithstanding subdivision (a), where the estimated cost
4of reconstruction or alteration of, or addition to, a school building
5exceeds one hundred thousand dollars ($100,000), but does not
6exceed two hundred twenty-five
thousand dollars ($225,000), a
7licensed structural engineer shall examine the proposed project to
8determine if it is a nonstructural alteration or a structural alteration.
9If he or she determines that the project is a nonstructural alteration,
10he or she shall prepare a statement so indicating. If he or she
11determines that the project is structural, he or she shall prepare
12plans and specifications for the project which shall be submitted
13to the Department of General Services for review and approval.
14A copy of the engineer’s report stating that the work does not affect
15structural elements shall be filed with the Department of General
16Services.
17(c) If a licensed structural engineer submits a report to the
18Department of General Services stating that the plans or activities
19authorized pursuant to subdivision (b) do not involve structural
20elements, then all of the following shall apply to that project:
21(1) The design professional in responsible charge of the project
22undertaken pursuant to this subdivision shall certify that the plans
23and specifications for the project meet any applicable fire and life
24safety standards, and do not affect the disabled access requirements
25of Section 4450 of the Government Code, and shall submit this
26certification to the Department of General Services. The letter of
27certification shall bear the identifying licensing stamp or seal of
28the design professional. This paragraph does not preclude a design
29professional from submitting plans and specifications to the
30Department of General Services along with the appropriate fee for
31review.
32(2) Within 10 days of the completion of any project authorized
33pursuant to subdivision (b), the school construction inspector of
34record on the project, who is certified by the Department of General
35Services to inspect school
buildings, shall certify in writing to the
36Department of General Services that the reconstruction, alteration,
37or addition has been completed in compliance with the plans and
38specifications.
39(3) The dollar amounts cited in this section shall be increased
40on an annual basis, commencing January 1, 2018, by the
P54 1Department of General Services according to an inflationary index
2governing construction costs that is selected and recognized by
3the Department of General Services.
4(4) No community college district shall subdivide a project for
5the purpose of evading the limitation on amounts cited in this
6section.
7(5) Before letting any contract for any construction or alteration
8of any school building, the written approval of the plans, as to
9safety of design and construction, by the Department of General
10Services, shall
first be had and obtained.
11(6) In each case the application for approval of the plans shall
12be accompanied by the plans and full, complete, and accurate
13specifications, and structural design computations, and estimates
14of cost, which shall comply in every respect with any and all
15requirements prescribed by the Department of General Services.
16(7) (A) The application shall be accompanied by a filing fee in
17amounts as determined by the Department of General Services
18based on the estimated cost according to the following schedule:
19(i) For the first one million dollars ($1,000,000), a fee of not
20more than 0.7 percent of the estimated cost.
21(ii) For all costs in excess of one million dollars ($1,000,000),
22a fee of not more than 0.6
percent of the estimated cost.
23(B) The minimum fee in any case shall be two hundred fifty
24dollars ($250). If the actual cost exceeds the estimated cost by
25more than 5 percent, a further fee shall be paid to the Department
26of General Services, based on the above schedule and computed
27on the amount by which the actual cost exceeds the amount of the
28estimated cost.
29(8) (A) All fees collected under this article shall be paid into
30the State Treasury and credited to the Public School Planning,
31Design, and Construction Review Revolving Fund, and are
32continuously appropriated, without regard to fiscal years, for the
33use of the Department of General Services, subject to approval of
34the Department of Finance, in carrying out this article.
35(B) Adjustments in the amounts of the fees, as determined by
36the
Department of General Services and approved by the
37Department of Finance, shall be made within the limits set in
38paragraph (7) in order to maintain a reasonable working balance
39in the fund.
P55 1(9) No contract for the construction or alteration of any school
2building, made or executed by the governing board of any
3community college district or other public board, body, or officer
4otherwise vested with authority to make or execute this contract,
5is valid, and no public money shall be paid for any work done
6under this contract or for any labor or materials furnished in
7constructing or altering the building, unless the plans,
8specifications, and estimates comply in every particular with the
9provisions of this article and the requirements prescribed by the
10Department of General Services and unless the approval thereof
11in writing has first been had and obtained from the Department of
12General Services.
13(d) For purposes of this section, “design professional in
14responsible charge” or “design professional” means the licensed
15architect, licensed structural engineer, or licensed civil engineer
16who is responsible for the completion of the design work involved
17with the project.
Section 89750.5 of the Education Code is amended
19to read:
(a) Notwithstanding Sections 948 and 965.2 of the
21Government Code or any other law, the trustees may settle, adjust,
22or compromise any pending action or final judgment, without the
23need for a recommendation, certification, or approval from any
24other state officer or entity. The Controller shall draw a warrant
25for the payment of any settlement, adjustment, or compromise, or
26final judgment against the trustees if the trustees certify that a
27sufficient appropriation for the payment of the settlement,
28adjustment, compromise, or final judgment exists.
29(b) Notwithstanding paragraph (3) of subdivision (b) of Section
30905.2 of the Government Code or any other law, the trustees may
31pay any claim for money or damages on express contract or for
32an injury for which the
trustees or their officers or employees are
33liable, without approval of the Department of General Services, if
34the trustees determine that payment of the claim is in the best
35interests of the California State University and that funds are
36available to pay the claim. The authority of the trustees conferred
37by this subdivision does not alter any other requirements governing
38claims in the Government Claims Act (Division 3.6 (commencing
39with Section 810) of Title 1 of the Government Code), except to
40grant the trustees authority to pay these claims.
P56 1(c) Notwithstanding Chapter 3 (commencing with Section
213940) of Part 4 of Division 3 of Title 2 of the Government Code,
3the trustees may discharge from accountability the sum of one
4thousand dollars ($1,000) or less, owing to the California State
5University, if the trustees determine that the money is uncollectible
6or the amount does not justify the cost of collection. A discharge
7of accountability by
the trustees does not release any person from
8the payment of any moneys due the California State University.
Section 1122 of the Fish and Game Code is amended
10to read:
Any claim for damages arising against the state under
12Section 1121 shall be presented to the Department of General
13Services in accordance with Section 905.2 of the Government
14Code, and if not covered by insurance provided pursuant to Section
151121, the claim shall be payable only out of funds appropriated
16by the Legislature for that purpose. If the state elects to insure its
17liability under Section 1121, the Department of General Services
18may automatically deny the claim.
Section 15512 of the Fish and Game Code is amended
20to read:
(a) If aquatic plants or animals are destroyed pursuant
22to subdivision (e) of Section 15505, the owner shall be promptly
23paid from the General Fund an amount equal to 75 percent of the
24replacement value of the plants or animals, less the value
25determined by the department of any replacement stock provided
26by the department under subdivision (b) if the claim is submitted
27pursuant to Section 15513. If the replacement value is not settled
28between the owner and the department, the replacement value shall
29be determined by an appraiser appointed by the director and an
30appraiser appointed by the owner. Appraiser’s fees shall be paid
31by the appointing party. Disputes between these two appraisers
32shall be submitted to arbitration under the Commercial Arbitration
33Rules of the American Arbitration
Association.
34(b) If the department provides replacement stock to an
35aquaculturist whose plants or animals are destroyed pursuant to
36subdivision (e) of Section 15505, the amount to be paid to the
37aquaculturist pursuant to this section shall be reduced by the value
38of the replacement stock, as determined by the department.
39(c) The result of the arbitration or the amount settled between
40the owner and the department, reduced by the value determined
P57 1by the department of any replacement stock provided under
2subdivision (b), may be submitted as a claim by the owner to the
3Department of General Services pursuant to Section 15513.
Section 3955 of the Food and Agricultural Code is
5amended to read:
Claims against an association shall be presented to the
7Department of General Services in accordance with Part 3
8(commencing with Section 900) and Part 4 (commencing with
9Section 940) of Division 3.6 of Title 1 of the Government Code.
Section 14978.2 of the Food and Agricultural Code
11 is amended to read:
(a) The board may establish the Commercial Feed
13Inspection Committee as an entity to administer this chapter. The
14committee shall consist of eight persons appointed by the board
15who shall be licensed under this chapter. The committee may, with
16the concurrence of the director, appoint one additional member to
17the committee, who shall be a public member. The public member
18shall be a citizen and resident of California who is not subject to
19the licensing requirements of this chapter, and who has no financial
20interest in any person licensed under this chapter.
21(b) Each member shall have an alternate member appointed in
22the same manner as the member, who shall serve in the absence
23of the member for whom they are designated as
alternate and who
24shall have all the duties and exercise the full rights and privileges
25of members.
26(c) The committee may appoint its own officers, including a
27chairperson, one or more vice chairpersons, and other officers as
28it deems necessary. The officers shall have the powers and duties
29delegated to them by the committee.
30(d) The members and alternate members, when acting as
31members, shall serve without compensation but shall be reimbursed
32for expenses necessarily incurred by them in the performance of
33their duties in accordance with the rules of the Department of
34General Services.
35(e) A quorum of the committee shall be five members. A vote
36of the majority of the members present at a meeting at which there
37is a quorum shall constitute the act of the committee.
38(f) No member or alternate member, or any employee or agent
39thereof, shall be personally liable for the actions of the committee
40or responsible individually in any way for errors in judgment,
P58 1mistakes, or other acts, either by commission or omission, except
2for his or her own individual acts of dishonesty or crime.
Section 52295 of the Food and Agricultural Code is
4amended to read:
Members of the board shall receive no salary but may
6be allowed per diem in accordance with Department of General
7Services rules for attendance at meetings and other board activities
8authorized by the board and approved by the director.
Section 800 of the Government Code is amended to
10read:
(a) In any civil action to appeal or review the award,
12finding, or other determination of any administrative proceeding
13under this code or under any other provision of state law, except
14actions resulting from actions of the Department of General
15Services, if it is shown that the award, finding, or other
16determination of the proceeding was the result of arbitrary or
17capricious action or conduct by a public entity or an officer thereof
18in his or her official capacity, the complainant if he or she prevails
19in the civil action may collect from the public entity reasonable
20attorney’s fees, computed at one hundred dollars ($100) per hour,
21but not to exceed seven thousand five hundred dollars ($7,500),
22if he or she is personally obligated to pay the fees in addition to
23any other relief granted or
other costs awarded.
24(b) This section is ancillary only, and shall not be construed to
25create a new cause of action.
26(c) The refusal by a public entity or officer thereof to admit
27liability pursuant to a contract of insurance shall not be considered
28arbitrary or capricious action or conduct within the meaning of
29this section.
Section 850.6 of the Government Code is amended
31to read:
(a) Whenever a public entity provides fire protection
33or firefighting service outside of the area regularly served and
34protected by the public entity providing that service, the public
35entity providing the service is liable for any injury for which
36liability is imposed by statute caused by its act or omission or the
37act or omission of its employee occurring in the performance of
38that fire protection or firefighting service. Notwithstanding any
39other law, the public entity receiving the fire protection or
40firefighting service is not liable for any act or omission of the
P59 1public entity providing the service or for any act or omission of
2an employee of the public entity providing the service; but the
3public entity providing the service and the public entity receiving
4the service may by
agreement determine the extent, if any, to which
5the public entity receiving the service will be required to indemnify
6the public entity providing the service.
7(b) Notwithstanding any other provision of this section, any
8claims against the state shall be presented to the Department of
9General Services in accordance with Part 3 (commencing with
10Section 900) and Part 4 (commencing with Section 940) of Division
113.6 of Title 1.
Section 900.2 of the Government Code is amended
13to read:
“Board” means:
15(a) In the case of a local public entity, the governing body of
16the local public entity.
17(b) In the case of the state, except as provided by subdivisions
18(c) and (d), the Department of General Services.
19(c) In the case of a judicial branch entity or judge of one of those
20entities, the Judicial Council.
21(d) In the case of the California State University, the Trustees
22of the California State University.
Section 905.2 of the Government Code is amended
24to read:
(a) This section shall apply to claims against the state
26filed with the Department of General Services except as provided
27in subparagraph (B) of paragraph (2) of subdivision (b).
28(b) There shall be presented in accordance with this chapter and
29Chapter 2 (commencing with Section 910) all claims for money
30or damages against the state:
31(1) For which no appropriation has been made or for which no
32fund is available but the settlement of which has been provided
33for by statute or constitutional provision.
34(2) (A) For which the appropriation made or fund designated
35is exhausted.
36(B) Claims for reissuance of stale, dated, or replacement
37warrants shall be filed with the state entity that originally issued
38the warrant and, if allowed, shall be paid from the issuing entity’s
39current appropriation.
P60 1(3) For money or damages on express contract, or for an injury
2for which the state is liable.
3(4) For which settlement is not otherwise provided for by statute
4or constitutional provision.
5(c) Claimants shall pay a filing fee of twenty-five dollars ($25)
6for filing a claim described in subdivision (b), except for claims
7for reissuance of stale, dated, or replacement warrants as described
8in subparagraph (B) of paragraph (2) of subdivision (b). This fee
9shall be deposited into the Service Revolving Fund and shall only
10be available for the
support of the Department of General Services
11upon appropriation by the Legislature.
12(1) The fee shall not apply to the following persons:
13(A) Persons who are receiving benefits pursuant to the
14Supplemental Security Income (SSI) and State Supplementary
15Payment (SSP) programs (Article 5 (commencing with Section
1612200) of Chapter 3 of Part 3 of Division 9 of the Welfare and
17Institutions Code), the California Work Opportunity and
18Responsibility to Kids Act (CalWORKs) program (Chapter 2
19(commencing with Section 11200) of Part 3 of Division 9 of the
20Welfare and Institutions Code), the federal Supplemental Nutrition
21Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section
2217000 of the Welfare and Institutions Code.
23(B) Persons whose monthly income is 125 percent or less of the
24current monthly poverty line annually
established by the Secretary
25of California Health and Human Services pursuant to the federal
26Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35),
27as amended.
28(C) Persons who are sentenced to imprisonment in a state prison
29or confined in a county jail, or who are residents in a state
30institution and, within 90 days prior to the date the claim is filed,
31have a balance of one hundred dollars ($100) or less credited to
32the inmate’s or resident’s trust account. A certified copy of the
33statement of the account shall be submitted.
34(2) Any claimant who requests a fee waiver shall attach to the
35application a signed affidavit requesting the waiver and verification
36of benefits or income and any other required financial information
37in support of the request for the waiver.
38(3) Notwithstanding any other law, an applicant
shall not be
39entitled to a hearing regarding the denial of a request for a fee
40waiver.
P61 1(d) The time for the Department of General Services to
2determine the sufficiency, timeliness, or any other aspect of the
3claim shall begin when any of the following occur:
4(1) The claim is submitted with the filing fee.
5(2) The fee waiver is granted.
6(3) The filing fee is paid to the department upon the
7department’s denial of the fee waiver request, so long as payment
8is received within 10 calendar days of the mailing of the notice of
9the denial.
10(e) Upon approval of the claim by the Department of General
11Services, the fee shall be reimbursed to the claimant, except that
12no fee shall be reimbursed if the
approved claim was for the
13payment of an expired warrant. Reimbursement of the filing fee
14shall be paid by the state entity against which the approved claim
15was filed. If the claimant was granted a fee waiver pursuant to this
16section, the amount of the fee shall be paid by the state entity to
17the department. The reimbursement to the claimant or the payment
18to the department shall be made at the time the claim is paid by
19the state entity, or shall be added to the amount appropriated for
20the claim in an equity claims bill.
21(f) The board may assess a surcharge to the state entity against
22which the approved claim was filed in an amount not to exceed
2315 percent of the total approved claim. The board shall not include
24the refunded filing fee in the surcharge calculation. This surcharge
25shall be deposited into the General Fund and may be appropriated
26in support of the board as reimbursements to Item 7870-001-0001
27of Section 2.00 of the annual Budget
Act.
28(1) The surcharge shall not apply to approved claims to reissue
29expired warrants.
30(2) Upon the request of the department in a form prescribed by
31the Controller, the Controller shall transfer the fees from the state
32entity’s appropriation to the appropriation for the support of the
33department. However, the department shall not request an amount
34that shall be submitted for legislative approval pursuant to Section
3513928.
36(g) The filing fee required by subdivision (c) shall apply to all
37claims filed after June 30, 2004, or the effective date of this statute.
38The surcharge authorized by subdivision (f) may be calculated and
39included in claims paid after June 30, 2004, or the effective date
40of the statute adding this subdivision.
P62 1(h) This section shall
not apply to claims made for a violation
2of the California Whistleblower Protection Act (Article 3
3(commencing with Section 8547) of Chapter 6.5 of Division 1 of
4Title 2).
Section 905.3 of the Government Code is amended
6to read:
Notwithstanding any other law to the contrary, no claim
8shall be submitted by a local agency or school district, nor shall a
9claim be considered by the Department of General Services
10pursuant to Section 905.2, if that claim is eligible for consideration
11by the Commission on State Mandates pursuant to Article 1
12(commencing with Section 17550) of Chapter 4 of Part 7 of
13Division 4 of Title 2.
Section 906 of the Government Code is amended to
15read:
(a) As used in this section, “amount allowed on the claim”
17means the amount allowed by the Department of General Services
18on a claim allowed, in whole or in part, or the amount offered by
19the department to settle or compromise a claim.
20(b) Except as otherwise provided in this subdivision, no interest
21is payable on the amount allowed on the claim if payment of the
22claim is subject to approval of an appropriation by the Legislature.
23If an appropriation is made for the payment of a claim described
24in this subdivision, interest on the amount appropriated for the
25payment of the claim commences to accrue 180 days after the
26effective date of the act by which the appropriation is enacted.
Section 911.2 of the Government Code is amended
28to read:
(a) A claim relating to a cause of action for death or
30for injury to person or to personal property or growing crops shall
31be presented as provided in Article 2 (commencing with Section
32915) not later than six months after the accrual of the cause of
33action. A claim relating to any other cause of action shall be
34presented as provided in Article 2 (commencing with Section 915)
35not later than one year after the accrual of the cause of action.
36(b) For purposes of determining whether a claim was
37commenced within the period provided by law, the date the claim
38was presented to the Department of General Services is one of the
39following:
P63 1(1) The date the claim is
submitted with a twenty-five dollar
2($25) filing fee.
3(2) If a fee waiver is granted, the date the claim was submitted
4with the affidavit requesting the fee waiver.
5(3) If a fee waiver is denied, the date the claim was submitted
6with the affidavit requesting the fee waiver, provided the filing
7fee is paid to the department within 10 calendar days of the mailing
8of the notice of the denial of the fee waiver.
Section 912.5 of the Government Code is amended
10to read:
(a) The Trustees of the California State University shall
12act on a claim against the California State University in accordance
13with the procedure that the Trustees of the California State
14University provide by rule.
15(b) Nothing in this section authorizes the Trustees of the
16California State University to adopt any rule that is inconsistent
17with this part.
18(c) If a claim for money or damages against the California State
19University is mistakenly presented to the Department of General
20Services, the Department of General Services shall immediately
21notify the claimant of the error and shall include information on
22proper filing of the claim.
Section 915 of the Government Code is amended to
24read:
(a) A claim, any amendment thereto, or an application
26to the public entity for leave to present a late claim shall be
27presented to a local public entity by either of the following means:
28(1) Delivering it to the clerk, secretary or auditor thereof.
29(2) Mailing it to the clerk, secretary, auditor, or to the governing
30body at its principal office.
31(b) Except as provided in subdivisions (c) and (d), a claim, any
32amendment thereto, or an application for leave to file a late claim
33shall be presented to the state by either of the following means:
34(1) Delivering it to an office of
the Department of General
35Services.
36(2) Mailing it to the Department of General Services at its
37principal office.
38(c) A claim, any amendment thereto, or an application for leave
39to file a late claim shall be presented to a judicial branch entity in
40accordance with the following means:
P64 1(1) Delivering or mailing it to the court executive officer, if
2against a superior court or a judge, court executive officer, or trial
3court employee, as defined in Section 811.9, of that court.
4(2) Delivering or mailing it to the clerk/administrator of the
5court of appeals, if against a court of appeals or a judge of that
6court.
7(3) Delivering or mailing it to the Clerk of the Supreme Court,
8if against the
Supreme Court or a judge of that court.
9(4) Delivering or mailing it to the Secretariat of the Judicial
10Council, if against the Judicial Council or the Administrative Office
11of the Courts.
12(d) A claim, any amendment thereto, or an application for leave
13to file a late claim shall be presented to the Trustees of the
14California State University by delivering or mailing it to the Office
15of Risk Management at the Office of the Chancellor of the
16California State University.
17(e) A claim, amendment or application shall be deemed to have
18been presented in compliance with this section even though it is
19not delivered or mailed as provided in this section if, within the
20time prescribed for presentation thereof, any of the following apply:
21(1) It is actually
received by the clerk, secretary, auditor, or
22board of the local public entity.
23(2) It is actually received at an office of the Department of
24General Services.
25(3) If against the California State University, it is actually
26received by the Trustees of the California State University.
27(4) If against a judicial branch entity or judge, it is actually
28received by the court executive officer, court clerk/administrator,
29court clerk, or secretariat of the judicial branch entity.
30(f) A claim, amendment or application shall be deemed to have
31been presented in compliance with this section to a public agency
32as defined in Section 53050 if it is delivered or mailed within the
33time prescribed for presentation thereof in conformity with the
34information contained in
the statement in the Roster of Public
35Agencies pertaining to that public agency which is on file at the
36time the claim, amendment or application is delivered or mailed.
37As used in this subdivision, “statement in the Roster of Public
38Agencies” means the statement or amended statement in the Roster
39of Public Agencies in the office of the Secretary of State or in the
P65 1office of the county clerk of any county in which the statement or
2amended statement is on file.
Section 920 of the Government Code is amended to
4read:
As used in this chapter, “omnibus claim appropriation”
6means an act of appropriation, or an item of appropriation in a
7budget act, by which the Legislature appropriates a lump sum to
8pay the claim of the Department of General Services or its secretary
9against the state in an amount that the Legislature has determined
10is properly chargeable to the state.
Section 925 of the Government Code is amended to
12read:
As used in this chapter, “department” means the
14Department of General Services.
Section 925.4 of the Government Code is amended
16to read:
Any person having a claim against the state for which
18appropriations have been made, or for which state funds are
19available, may present it to the Controller in the form and manner
20prescribed by the general rules and regulations adopted by the
21department for the presentation and audit of claims.
Section 925.6 of the Government Code is amended
23to read:
(a) The Controller shall not draw his or her warrant for
25any claim until it has been audited by him or her in conformity
26with law and the general rules and regulations adopted by the
27department, governing the presentation and audit of claims.
28Whenever the Controller is directed by law to draw his or her
29warrant for any purpose, the direction is subject to this section.
30(b) Notwithstanding the provisions of subdivision (a), the
31Assembly Committee on Rules, the Senate Committee on Rules,
32and the Joint Rules Committee, in cooperation with the Controller,
33shall adopt rules and regulations to govern the presentation of
34claims of the committees to the Controller. The Controller, in
35cooperation with the committees, shall adopt rules
and regulations
36governing the audit and recordkeeping of claims of the committees.
37All rules and regulations shall be adopted by January 31, 1990,
38shall be published in the Assembly and Senate Journals, and shall
39be made available to the public.
P66 1(c) Rules and regulations adopted pursuant to subdivision (b)
2shall not be subject to the review by or approval of the Office of
3Administrative Law.
4(d) Records of claims kept by the Controller pursuant to
5subdivision (b) shall be open to public inspection as permitted by
6the California Public Records Act (Chapter 3.5 (commencing with
7Section 6250) of Division 7 of Title 1).
Section 926 of the Government Code is amended to
9read:
If he or she disapproves a claim, the Controller shall file
11it and a statement of his or her disapproval and his or her reasons
12with the department as prescribed in the rules and regulations of
13the department.
Section 926.2 of the Government Code is amended
15to read:
The Controller shall not entertain for a second time a
17claim against the state once rejected by him or her or by the
18Legislature unless such facts are subsequently presented to the
19department as in suits between individuals that would furnish
20sufficient ground for granting a new trial.
Section 926.4 of the Government Code is amended
22to read:
Any person who is aggrieved by the disapproval of a
24claim by the Controller may appeal to the department. If the
25department finds that facts are presented justifying such action,
26the Controller shall reconsider his or her rejection of the claim.
Section 926.6 of the Government Code is amended
28to read:
After final rejection of a claim by the Controller
30following reconsideration, any person interested may appeal to
31the Legislature by filing with the department a notice of appeal.
32Upon receipt of such notice the department shall transmit to the
33Legislature the rejected claim, all papers accompanying it, and a
34statement of the evidence taken before the department.
Section 927.13 of the Government Code is amended
36to read:
(a) Unless otherwise provided for by statute, any state
38agency that fails to submit a correct claim schedule to the
39Controller within 30 days of receipt of a notice of refund or other
40payment due, and fails to issue payment within 45 days from the
P67 1notice of refund or other payment due, shall be liable for penalties
2on the undisputed amount pursuant to this section. The penalties
3shall be paid out of the agency’s funds at a rate equal to the Pooled
4Money Investment Account daily rate on June 30 of the prior fiscal
5year minus 1 percent. The penalties shall cease to accrue on the
6date full payment or refund is made. If the amount of the penalty
7is ten dollars ($10) or less, the penalty shall be waived and not
8paid by the state agency. On an exception basis, state agencies
9may avoid payment of penalties for failure to submit a
correct
10claim schedule to the Controller by paying the claimant directly
11from the state agency’s revolving fund within 45 calendar days
12following the agency’s receipt of the notice of refund or other
13payment due.
14(b) The Controller shall pay claimants within 15 calendar days
15of receipt of a correct claim schedule from the state agency. If the
16Controller fails to make payment within 15 calendar days of receipt
17of the claim schedule from a state agency, and payment is not
18issued within 45 calendar days following the agency’s receipt of
19a notice of refund or undisputed payment due, the Controller shall
20pay applicable penalties to the claimant. Penalties shall cease to
21accrue on the date full payment is made, and shall be paid out of
22the Controller’s funds. If the amount of the penalty is ten dollars
23($10) or less, the penalty shall be waived and not paid by the
24Controller.
25(c) No
person shall receive an interest payment pursuant to this
26section if it is determined that the person has intentionally overpaid
27on a liability solely for the purpose of receiving a penalty payment.
28(d) No penalty shall accrue during any time period for which
29there is no Budget Act in effect, nor on any payment or refund that
30is the result of a federally mandated program or that is directly
31dependent upon the receipt of federal funds by a state agency.
32(e) This section shall not apply to any of the following:
33(1) Payments, refunds, or credits for income tax purposes.
34(2) Payment of claims for reimbursement for health care services
35or mental health services provided under the Medi-Cal program,
36pursuant to Chapter 7 (commencing with Section 14000) of Part
37
3 of Division 9 of the Welfare and Institutions Code.
38(3) Any payment made pursuant to a public social service or
39public health program to a recipient of benefits under that program.
P68 1(4) Payments made on claims by the Department of General
2Services.
3(5) Payments made by the Commission on State Mandates.
4(6) Payments made by the Department of Human Resources
5pursuant to Section 19823.
Section 935.6 of the Government Code is amended
7to read:
(a) The Department of General Services may authorize
9any state agency to settle and pay claims filed pursuant to Section
10905.2 if the settlement does not exceed one thousand dollars
11($1,000) or a lesser amount as the department may determine, or
12to reject the claim and provide the notice required by Section 913.
13The department may require state agencies that it so authorizes to
14report annually to the department concerning the claims resolved
15pursuant to this section.
16(b) As used in this section, “state agency” means any office,
17officer, department, division, bureau, board, commission, or agency
18of the state, claims against which are paid by warrants drawn by
19the Controller, but does not mean any judicial branch entity, as
20
defined in Section 900.3, or any judge thereof.
Section 935.7 of the Government Code is amended
22to read:
(a) Notwithstanding Section 935.6, the Department of
24Transportation may deny or adjust and pay any claim arising out
25of the activities of the department without the prior approval of
26the Department of General Services if both of the following
27conditions exist:
28(1) The amount claimed is equal to or less than the amount
29specified as the small claims court jurisdictional amount in Section
30116.221 of the Code of Civil Procedure.
31(2) The Director of Finance or the Director of Transportation
32certifies that a sufficient appropriation for the payment of the claim
33exists.
34(b) If the department elects not to pay any claim, the department
35shall
provide the notice required by Section 913.
36(c) Any person who submits any claim arising out of any activity
37of the Department of Transportation shall comply with every other
38applicable provision of this part relating to claims against state
39agencies.
Section 940.2 of the Government Code is amended
2to read:
“Board” means:
4(a) In the case of a local public entity, the governing body of
5the local public entity.
6(b) In the case of the state, except as provided by subdivisions
7(c) and (d), the Department of General Services.
8(c) In the case of a judicial branch entity or a judge thereof, the
9Judicial Council.
10(d) In the case of the California State University, the Trustees
11of the California State University.
Section 965 of the Government Code is amended to
13read:
(a) Upon the allowance by the Department of General
15Services of all or part of a claim for which the Director of Finance
16certifies that a sufficient appropriation for the payment of the claim
17exists, and the execution and presentation of documents the
18department may require that discharge the state of all liability
19under the claim, the department shall designate the fund from
20which the claim is to be paid, and the state agency concerned shall
21pay the claim from that fund. If there is no sufficient appropriation
22for the payment available, the department shall report to the
23Legislature in accordance with Section 912.8. Claims arising out
24of the activities of the State Department of Transportation may be
25paid if either the Director of Transportation or the Director of
26Finance certifies that a sufficient appropriation for the payment
of
27the 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
31represented 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
P70 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 the Department of General
12Services, which shall have 90 days to object to payment. The
13Administrative Director of the Courts shall confer with the Director
14of General Services regarding any objection received during the
1590-day period. If the Department of General Services withdraws
16the objection, or if no objection was received, the Administrative
17Director of the Courts shall report the claims to the
chairperson of
18either the Senate Committee on Appropriations or the Assembly
19Committee on Appropriations, who shall cause to be introduced
20legislation appropriating funds for the payment of the claims. The
21Judicial Council may authorize any committee of the Judicial
22Council or any employee of the Administrative Office of the Courts
23to perform the functions of the Judicial Council under this section.
24The Administrative Director of the Courts may designate an
25executive staff member of the Administrative Office of the Courts
26to perform the functions of the Administrative Director of the
27Courts under this section.
Section 965.1 of the Government Code is amended
29to read:
The Director of General Services may allow a claim
31filed pursuant to subdivision (c) of Section 905.2 if the settlement
32amount of that claim does not exceed fifty thousand dollars
33($50,000), or to reject any claim as so described.
Section 965.5 of the Government Code is amended
35to read:
(a) A judgment for the payment of money against the
37state or a state agency is enforceable until 10 years after the time
38the judgment becomes final or, if the judgment is payable in
39installments, until 10 years after the final installment becomes due.
P71 1(b) A judgment for the payment of money against the state or
2a state agency is not enforceable under Title 9 (commencing with
3Section 680.010) of Part 2 of the Code of Civil Procedure, but is
4enforceable under this chapter.
5(c) Interest on the amount of a judgment or settlement for the
6payment of moneys against the state shall commence to accrue
7180 days from the date of the final judgment or settlement.
8(d) Unless another statute provides a different interest rate,
9interest on a tax or fee judgment for the payment of moneys against
10the state shall accrue at a rate equal to the weekly average one year
11constant maturity United States Treasury yield at the time of the
12judgment plus 2 percent, but shall not exceed 7 percent per annum.
13(e) Subdivisions (c) and (d) shall not apply to any claim
14approved by the Department of General Services.
Section 997.1 of the Government Code is amended
16to read:
(a) Any person may file an application with the
18Department of General Services for compensation based on
19personal property loss, personal injury, or death, including
20noneconomic loss, arising from the Bay Bridge or I-880 Cypress
21structure collapse caused by the October 17, 1989, earthquake.
22Any application made pursuant to this section shall be presented
23to the department no later than April 18, 1990, on forms prescribed
24and provided by the department, except that a late claim may be
25presented to the department pursuant to the procedure specified
26by Section 911.4. Each presented application shall be verified
27under penalty of perjury and shall contain all of the following
28information:
29(1) The name of the injured party or in
the event of loss of life,
30the name and age of the decedent and the names and ages of heirs
31as defined in subdivision (b) of Section 377 of the Code of Civil
32Procedure.
33(2) An authorization permitting the department to obtain relevant
34medical and employment records.
35(3) A brief statement describing when, where, and how the
36injury or death occurred.
37(4) A statement as to whether the applicant wishes to apply for
38emergency relief provided pursuant to Section 997.2.
39(b) Upon receipt of an application, the department shall evaluate
40the application and may require the applicant to submit additional
P72 1information or documents that are necessary to verify and evaluate
2the application. The department shall resolve an application within
3six months from the date of
presentation of the application unless
4this period of time is extended by mutual agreement between the
5department and the applicant. Any application that is not resolved
6within this resolution period shall be deemed denied.
7(c) Following resolution of an application, if the applicant
8desires to pursue additional remedies otherwise provided by this
9division, the applicant shall file a court action within six months
10of the mailing date of the department’s rejection or denial of the
11application or the applicant’s rejection of the department’s offer.
12(d) Any claim pursuant to Part 3 (commencing with Section
13900) made before or after the effective date of this part for personal
14property loss, personal injury, or death resulting from the collapse
15of the Bay Bridge or the I-880 Cypress structure against the State
16of California, its agencies, officers, or employees, shall be deemed
17to be
an application under this part and subject to the provisions
18set forth in this part. Additionally, any application made pursuant
19to this part shall be deemed to be in compliance with Part 3
20(commencing with Section 900).
21(e) Notwithstanding any other law, resolution of applications
22pursuant to the provisions of this part is a condition precedent to
23the filing of any action for personal property loss, personal injury,
24or death resulting from the collapse of the Bay Bridge or the I-880
25Cypress structure in any court of the State of California against
26the State of California, its agencies, officers, or employees. Any
27suit filed by an applicant in any court of this state against the State
28of California or its agencies, officers, or employees shall be stayed
29pending resolution of the application.
Section 998.2 of the Government Code is amended
31to read:
(a) Any person or business may file an application with
33the Department of General Services for compensation based on
34personal injury, property loss, business loss, or other economic
35loss, claimed to have been incurred as a result of the Lake Davis
36Northern Pike Eradication Project. Any application made pursuant
37to this section shall be presented to the department in accordance
38with this division. A late claim may be presented to the department
39pursuant to the procedure specified by Section 911.4. Each
P73 1application shall contain, in addition to the information required
2by Section 910, all of the following:
3(1) The legal name of any business claiming a loss, as well as
4the names of the owners and officers of the business.
5(2) For any property owner claiming diminution of property
6value, the names of all persons holding a legal interest in the
7property.
8(3) The name of any person claiming to have suffered personal
9injury.
10(4) An authorization permitting the office of the Attorney
11General or its designee to obtain relevant medical, employment,
12business, property, and tax records.
13(5) A brief statement describing when, where, and how the
14injury, loss, or diminution in market value occurred.
15(b) Upon receipt of an application presented pursuant to this
16section from the Department of General Services, the office of the
17Attorney General or its designee shall examine the application and
18may require the applicant to
submit additional information or
19documents that are necessary to verify and evaluate the application.
20The office of the Attorney General or its designee shall attempt to
21resolve an application within six months from the effective date
22of this part unless this period of time is extended by mutual
23agreement between the office of the Attorney General or its
24designee and the applicant. Any application that does not result in
25a final settlement agreement within the resolution period shall be
26deemed denied, allowing the claimant to proceed with a court
27action pursuant to Chapter 2 (commencing with Section 945) of
28Part 4.
29(c) The office of the Attorney General or its designee shall adopt
30guidelines in consultation with one representative designated by
31the City of Portola, one representative designated by the County
32of Plumas, and one member of the public to be selected jointly by
33the city and the county. Any guidelines so developed shall be used
34to
evaluate and settle claims filed pursuant to this part.
35Notwithstanding Chapter 3.5 (commencing with Section 11340)
36of Part 1 of Division 3 of Title 2, any regulations adopted
37thereunder by the Attorney General in order to implement this
38section shall not be subject to the review and approval of the Office
39of Administrative Law, nor subject to the Administrative Procedure
40Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
P74 1(commencing with Section 11370), Chapter 4.5 (commencing with
2Section 11400), and Chapter 5 (commencing with Section 11500)
3of Part 1 of Division 3 of Title 2).
4(d) Any court action following denial of an application,
5including denial pursuant to subdivision (b), shall be filed within
6six months of the mailing date of the department’s rejection or
7denial of the application or the applicant’s rejection of the
8department’s offer pursuant to Section 945.6 or subdivision (b) of
9Section 998.3.
10(e) Any claim pursuant to Part 3 (commencing with Section
11900) made before or after the effective date of this part for personal
12injury, property loss, business loss, or other economic loss resulting
13from the Lake Davis Northern Pike Eradication Project against
14the State of California or its agencies, officers, or employees, shall
15be deemed to be an application under this part and is subject to
16the provisions set forth in this part. Additionally, any application
17made pursuant to this part shall be deemed to be in compliance
18with Part 3 (commencing with Section 900).
19(f) Notwithstanding any other law, the resolution or denial of
20an application pursuant to this part is a condition precedent to the
21filing of any action for personal injury, property damage, business
22loss, or other economic loss, resulting from the Lake Davis
23Northern Pike Eradication Project in any court of the State of
24
California, against the State of California or its agencies, officers,
25or employees. Any suit filed by an applicant in any court of this
26state against the State of California or its agencies, officers, or
27employees shall be stayed pending resolution or denial of the
28application.
Section 1151 of the Government Code is amended
30to read:
State employees may authorize deductions to be made
32from their salaries or wages for payment of one or more of the
33following:
34(a) Insurance premiums or other employee benefit programs
35sponsored by a state agency under appropriate statutory authority.
36(b) Premiums on National Service Life Insurance or United
37States Government Converted Insurance.
38(c) Shares or obligations to any regularly chartered credit union.
P75 1(d) Recurrent fees or charges payable to a state agency for a
2program that has a purpose related to government, as determined
3by the Controller.
4(e) The purchase of United States savings bonds in accordance
5with procedures established by the Controller.
6(f) Payment of charitable contributions under any plan approved
7by the Department of General Services in accordance with
8procedures established by the Controller.
9(g) Passes, tickets, or tokens issued for a period of one month,
10or more, by a public transportation system.
11(h) Deposit into an employee’s account with a state or federal
12bank or savings and loan association located in this state, for
13services offered by that bank or savings and loan association.
14(i) The purchase of any investment or thrift certificate issued
15by an industrial loan company licensed by this
state.
Section 3515.7 of the Government Code is amended
17to read:
(a) Once an employee organization is recognized as
19the exclusive representative of an appropriate unit it may enter
20into an agreement with the state employer providing for
21organizational security in the form of maintenance of membership
22or fair share fee deduction.
23(b) The state employer shall furnish the recognized employee
24organization with sufficient employment data to allow the
25organization to calculate membership fees and the appropriate fair
26share fees, and shall deduct the amount specified by the recognized
27employee organization from the salary or wages of every employee
28for the membership fee or the fair share fee. These fees shall be
29remitted monthly to the recognized employee organization along
30with an adequate
itemized record of the deductions, including, if
31required by the recognized employee organization, machine
32readable data. Fair share fee deductions shall continue until the
33effective date of a successor agreement or implementation of the
34state’s last, best, and final offer, whichever occurs first. The
35Controller shall retain, from the fair share fee deduction, an amount
36equal to the cost of administering this section. The state employer
37shall not be liable in any action by a state employee seeking
38recovery of, or damages for, improper use or calculation of fair
39share fees.
P76 1(c) Notwithstanding subdivision (b), any employee who is a
2member of a religious body whose traditional tenets or teachings
3include objections to joining or financially supporting employee
4organizations shall not be required to financially support the
5recognized employee organization. That employee, in lieu of a
6membership fee or a fair share fee deduction, shall instruct the
7
employer to deduct and pay sums equal to the fair share fee to a
8nonreligious, nonlabor organization, charitable fund approved by
9the Department of General Services for receipt of charitable
10contributions by payroll deductions.
11(d) A fair share fee provision in a memorandum of understanding
12that is in effect may be rescinded by a majority vote of all the
13employees in the unit covered by the memorandum of
14understanding, provided that: (1) a request for the vote is supported
15by a petition containing the signatures of at least 30 percent of the
16employees in the unit; (2) the vote is by secret ballot; and (3) the
17vote may be taken at any time during the term of the memorandum
18of understanding, but in no event shall there be more than one vote
19taken during the term. If the Department of General Services
20determines that the appropriate number of signatures have been
21collected, it shall conduct the vote in a manner that it shall
22prescribe.
Notwithstanding this subdivision, the state employer
23and the recognized employee organization may negotiate, and by
24mutual agreement provide for, an alternative procedure or
25procedures regarding a vote on a fair share fee provision.
26(e) Every recognized employee organization that has agreed to
27a fair share fee provision shall keep an adequate itemized record
28of its financial transactions and shall make available annually, to
29the Department of General Services and to the employees in the
30unit, within 90 days after the end of its fiscal year, a detailed
31written financial report thereof in the form of a balance sheet and
32an operating statement, certified as to accuracy by its president
33and treasurer or comparable officers. In the event of failure of
34compliance with this section, any employee in the unit may petition
35the Department of General Services for an order compelling this
36compliance, or the Department of General Services may issue a
37
compliance order on its own motion.
38(f) If an employee who holds conscientious objections pursuant
39to subdivision (c) requests individual representation in a grievance,
40arbitration, or administrative hearing from the recognized employee
P77 1organization, the recognized employee organization is authorized
2to charge the employee for the reasonable cost of the representation.
3(g) An employee who pays a fair share fee shall be entitled to
4fair and impartial representation by the recognized employee
5organization. A breach of this duty shall be deemed to have
6occurred if the employee organization’s conduct in representation
7is arbitrary, discriminatory, or in bad faith.
Section 6254.17 of the Government Code is amended
9to read:
(a) Nothing in this chapter shall be construed to
11require disclosure of records of the California Victim
12Compensation Board that relate to a request for assistance under
13Article 1 (commencing with Section 13950) of Chapter 5 of Part
144 of Division 3 of Title 2.
15(b) This section shall not apply to a disclosure of the following
16information, if no information is disclosed that connects the
17information to a specific victim, derivative victim, or applicant
18under Article 1 (commencing with Section 13950) of Chapter 5
19of Part 4 of Division 3 of Title 2:
20(1) The amount of money paid to a specific provider of services.
21(2) Summary data concerning the types of crimes for which
22assistance is provided.
Section 6276.08 of the Government Code is amended
24to read:
Cable television subscriber information,
26confidentiality of, Section 637.5, Penal Code.
27CalFresh, disclosure of information, Section 18909, Welfare and
28Institutions Code.
29California AIDS Program, personal data, confidentiality, Section
30120820, Health and Safety Code.
31California Apple Commission, confidentiality of lists of persons,
32Section 75598, Food and Agricultural Code.
33California Apple Commission, confidentiality of proprietary
34information from producers or handlers, Section 75633, Food and
35Agricultural Code.
36California Asparagus Commission, confidentiality of lists of
37producers, Section 78262, Food and Agricultural Code.
38California Asparagus Commission, confidentiality of proprietary
39information from producers, Section 78288, Food and Agricultural
40Code.
P78 1California Avocado Commission, confidentiality of information
2from handlers, Section 67094, Food and Agricultural Code.
3California Avocado Commission, confidentiality of proprietary
4information from handlers, Section 67104, Food and Agricultural
5Code.
6California Cherry Commission, confidentiality of proprietary
7information from producers, processors, shippers, or
8grower-handlers, Section 76144, Food and Agricultural Code.
9California Children’s Services Program, confidentiality of factor
10replacement therapy contracts, Section 123853, Health and Safety
11Code.
12California Cut Flower Commission, confidentiality of lists of
13
producers, Section 77963, Food and Agricultural Code.
14California Cut Flower Commission, confidentiality of proprietary
15information from producers, Section 77988, Food and Agricultural
16Code.
17California Date Commission, confidentiality of proprietary
18information from producers and grower-handlers, Section 77843,
19Food and Agricultural Code.
20California Egg Commission, confidentiality of proprietary
21information from handlers or distributors, Section 75134, Food
22and Agricultural Code.
23California Forest Products Commission, confidentiality of lists
24of persons, Section 77589, Food and Agricultural Code.
25California Forest Products Commission, confidentiality of
26proprietary information from producers, Section 77624, Food and
27Agricultural Code.
28California Iceberg
Lettuce Commission, confidentiality of
29information from handlers, Section 66624, Food and Agricultural
30Code.
31California Kiwifruit Commission, confidentiality of proprietary
32information from producers or handlers, Section 68104, Food and
33Agricultural Code.
34California Navel Orange Commission, confidentiality of
35proprietary information from producers or handlers and lists of
36producers and handlers, Section 73257, Food and Agricultural
37Code.
38California Pepper Commission, confidentiality of lists of
39producers and handlers, Section 77298, Food and Agricultural
40Code.
P79 1California Pepper Commission, confidentiality of proprietary
2information from producers or handlers, Section 77334, Food and
3Agricultural Code.
4California Pistachio Commission, confidentiality of proprietary
5information from producers or
processors, Section 69045, Food
6and Agricultural Code.
7California Salmon Commission, confidentiality of fee
8transactions records, Section 76901.5, Food and Agricultural Code.
9California Salmon Commission, confidentiality of request for
10list of commercial salmon vessel operators, Section 76950, Food
11and Agricultural Code.
12California Seafood Council, confidentiality of fee transaction
13records, Section 78553, Food and Agricultural Code.
14California Seafood Council, confidentiality of information on
15volume of fish landed, Section 78575, Food and Agricultural Code.
16California Sheep Commission, confidentiality of proprietary
17information from producers or handlers and lists of producers,
18Section 76343, Food and Agricultural Code.
19California State University
contract law, bids, questionnaires
20and financial statements, Section 10763, Public Contract Code.
21California State University Investigation of Reported Improper
22Governmental Activities Act, confidentiality of investigative audits
23completed pursuant to the act, Section 89574, Education Code.
24California Table Grape Commission, confidentiality of
25information from shippers, Section 65603, Food and Agricultural
26Code.
27California Tomato Commission, confidentiality of lists of
28producers, handlers, and others, Section 78679, Food and
29Agricultural Code.
30California Tomato Commission, confidentiality of proprietary
31information, Section 78704, Food and Agricultural Code.
32California Tourism Marketing Act, confidentiality of information
33pertaining to businesses paying the assessment under the act,
34Section
13995.54.
35California Victim Compensation Board, disclosure not required
36of records relating to assistance requests under Article 1
37(commencing with Section 13950) of Chapter 5 of Part 4 of
38Division 3 of Title 2, Section 6254.17.
39California Walnut Commission, confidentiality of lists of
40producers, Section 77101, Food and Agricultural Code.
P80 1California Walnut Commission, confidentiality of proprietary
2information from producers or handlers, Section 77154, Food and
3Agricultural Code.
4California Wheat Commission, confidentiality of proprietary
5information from handlers and lists of producers, Section 72104,
6Food and Agricultural Code.
7California Wheat Commission, confidentiality of requests for
8assessment refund, Section 72109, Food and Agricultural Code.
9California Wine Commission, confidentiality of proprietary
10information from producers or vintners, Section 74655, Food and
11Agricultural Code.
12California Wine Grape Commission, confidentiality of
13proprietary information from producers and vintners, Section
1474955, Food and Agricultural Code.
Section 7599.2 of the Government Code is amended
16to read:
Distribution of Moneys from the Safe Neighborhoods
18and Schools Fund.
19(a) By August 15 of each fiscal year beginning in 2016, the
20Controller shall disburse moneys deposited in the Safe
21Neighborhoods and Schools Fund as follows:
22(1) Twenty-five percent to the State Department of Education,
23to administer a grant program to public agencies aimed at
24improving outcomes for public school pupils in kindergarten and
25grades 1 to 12, inclusive, by reducing truancy and supporting
26students who are at risk of dropping out of school or are victims
27of crime.
28(2) Ten percent to the California Victim Compensation Board,
29to make grants to trauma recovery centers to provide
services to
30victims of crime pursuant to Section 13963.1 of the Government
31Code.
32(3) Sixty-five percent to the Board of State and Community
33Corrections, to administer a grant program to public agencies aimed
34at supporting mental health treatment, substance abuse treatment,
35and diversion programs for people in the criminal justice system,
36with an emphasis on programs that reduce recidivism of people
37convicted of less serious crimes, such as those covered by this
38measure, and those who have substance abuse and mental health
39problems.
P81 1(b) For each program set forth in paragraphs (1) to (3), inclusive,
2of subdivision (a), the agency responsible for administering the
3programs shall not spend more than 5 percent of the total funds it
4receives from the Safe Neighborhoods and Schools Fund on an
5annual basis for administrative costs.
6(c) Every two years, the Controller shall conduct an audit of the
7grant programs operated by the agencies specified in paragraphs
8(1) to (3), inclusive, of subdivision (a) to ensure the funds are
9disbursed and expended solely according to this chapter and shall
10report his or her findings to the Legislature and the public.
11(d) Any costs incurred by the Controller and the Director of
12Finance in connection with the administration of the Safe
13Neighborhoods and Schools Fund, including the costs of the
14calculation required by Section 7599.1 and the audit required by
15subdivision (c), as determined by the Director of Finance, shall be
16deducted from the Safe Neighborhoods and Schools Fund before
17the funds are disbursed pursuant to subdivision (a).
18(e) The funding established pursuant to this act shall be used to
19expand programs for public school pupils in kindergarten and
20
grades 1 to 12, inclusive, victims of crime, and mental health and
21substance abuse treatment and diversion programs for people in
22the criminal justice system. These funds shall not be used to
23supplant existing state or local funds utilized for these purposes.
24(f) Local agencies shall not be obligated to provide programs
25or levels of service described in this chapter above the level for
26which funding has been provided.
Section 8652 of the Government Code is amended
28to read:
Before payment may be made by the state to any person
30in reimbursement for taking or damaging private property
31necessarily utilized by the Governor in carrying out his or her
32responsibilities under this chapter during a state of war emergency
33or state of emergency, or for services rendered at the instance of
34the Governor under those conditions, the person shall present a
35claim to the Department of General Services in accordance with
36the provisions of the Government Code governing the presentation
37of claims against the state for the taking or damaging of private
38property for public use, which provisions shall govern the
39presentment, allowance, or rejection of the claims and the
40conditions upon which suit may be brought against the state.
P82 1Payment for property or services shall be made from any funds
2appropriated
by the state for that purpose.
Section 8902 of the Government Code is amended
4to read:
During those times that a Member of the Legislature is
6required to be in Sacramento to attend a session of the Legislature
7and during those times that a member is traveling to and from, or
8is in attendance at, any meeting of a committee of which he or she
9is a member or is attending to any other legislative function or
10responsibility as authorized or directed by the rules of the house
11of which he or she is a member or by the joint rules, he or she shall
12be entitled to reimbursement of his or her living expenses at a rate
13established by the Department of General Services that is not less
14than the rate provided to federal employees traveling to
15Sacramento.
Article 5.2 (commencing with Section 9112) is added
17to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
18Code, to read:
19
(a) Notwithstanding any other law, including Section
239108, the Joint Rules Committee may pursue the construction of
24a state capitol building annex or the restoration, rehabilitation,
25renovation, or reconstruction of the State Capitol Building Annex
26described in Section 9105.
27(b) (1) All work performed pursuant to this article shall be
28administered and supervised by the Department of General
29Services, subject to review by the State Public Works Board,
30pursuant to an agreement with the Joint Rules Committee.
31(2) The Department of General Services shall report to the Joint
32Rules Committee on the scope, budget, delivery method, and
33schedule for any space to be
constructed, restored, rehabilitated,
34renovated, or reconstructed pursuant to this article.
35(c) (1) Notwithstanding any other law, any action or proceeding
36alleging that a public agency has approved or is undertaking work
37pursuant to this article in violation of the California Environmental
38Quality Act (Division 13 (commencing with Section 21000) of
39the Public Resources Code) shall be subject to Chapter 6.7
P83 1(commencing with Section 21189.50) of Division 13 of the Public
2Resources Code.
3(2) The State Public Works Board shall not be deemed a lead
4or responsible agency for purposes of the California Environmental
5Quality Act (Division 13 (commencing with Section 21000) of
6the Public Resources Code) for any activities under this article.
7This section is declarative of existing law.
8(d) Notwithstanding any other law, all work performed pursuant
9to this article by the Department of General Services shall be
10exempt from the State Contract Act (Chapter 1 (commencing with
11Section 10100) of Part 2 of Division 2 of the Public Contract
12Code).
13(e) Prevailing wages shall be paid to all workers employed on
14a project that is subject to this article, in accordance with Article
152 (commencing with Section 1770) of Chapter 1 of Part 7 of
16Division 2 of the Labor Code.
Section 11007.6 of the Government Code is amended
18to read:
Any state agency may, subject to rules and regulations
20of the Department of General Services, insure its officers and
21employees not covered by Part 2.6 (commencing with Section
2219815) of Division 5 against injury or death incurred while flying
23on state business in any, except regularly scheduled, passenger
24aircraft.
Section 11014 of the Government Code is amended
26to read:
(a) In exercising the powers and duties granted to and
28imposed upon it, any state agency may construct and maintain
29communication lines as may be necessary.
30(b) In providing communications and necessary powerlines in
31connection with activities under subdivision (a), the agency, with
32the approval of the Department of General Services, may enter
33into contracts with owners of similar facilities for use of their
34facilities, such as pole lines, and provisions may be made for
35indemnification and holding harmless of the owners of those
36facilities by reason of this use. Insurance may be purchased by the
37Department of General Services, upon request of the agency, to
38protect the state against loss or expense arising out of the
contract.
39(c) Any claim for damages arising against the state under this
40section shall be presented to the Department of General Services
P84 1in accordance with Sections 905.2 and 945.4, and if not covered
2by insurance as provided under subdivision (b), the claim shall be
3payable only out of funds appropriated by the Legislature for this
4purpose. If the state elects to insure its liability under this section,
5the Department of General Services may automatically deny that
6claim.
Section 11030.1 of the Government Code is amended
8to read:
When a state employee not covered by Part 2.6
10(commencing with Section 19815) of Division 5 dies while
11traveling on official state business, the state shall, under rules and
12regulations adopted by the Department of General Services, pay
13the traveling expenses necessary to return the body to his or her
14official headquarters or the place of burial. This subdivision shall
15not be construed to authorize the payment of the traveling expenses,
16either going or returning, of one accompanying that body.
Section 11030.2 of the Government Code is amended
18to read:
Any state officer or employee not covered by Part
202.6 (commencing with Section 19815) of Division 5 when working
21overtime at his or her headquarters on state business may receive
22his or her actual and necessary expenses, during his or her regular
23workweek, subject to rules and regulations adopted by the
24Department of General Services limiting the amount of the
25expenses and prescribing the conditions under which the expenses
26may be paid. However, each state agency may determine the
27necessity for and limit these expenses of its employees in a manner
28that does not conflict with and is within the limitations prescribed
29by the Department of General Services.
Section 11031 of the Government Code is amended
31to read:
The headquarters of elective constitutional officers,
33other than Members of the Legislature, shall be established by the
34filing of a written statement with the Department of General
35Services that certifies that the selected headquarters is the place
36where the officer spends the largest portion of his or her regular
37workdays or working time.
Section 11125.7 of the Government Code is amended
39to read:
(a) Except as otherwise provided in this section, the
2state body shall provide an opportunity for members of the public
3to directly address the state body on each agenda item before or
4during the state body’s discussion or consideration of the item.
5This section is not applicable if the agenda item has already been
6considered by a committee composed exclusively of members of
7the state body at a public meeting where interested members of
8the public were afforded the opportunity to address the committee
9on the item, before or during the committee’s consideration of the
10item, unless the item has been substantially changed since the
11committee heard the item, as determined by the state body. Every
12notice for a special meeting at which action is proposed to be taken
13on an item shall provide an opportunity for members of the public
14to
directly address the state body concerning that item prior to
15action on the item. In addition, the notice requirement of Section
1611125 shall not preclude the acceptance of testimony at meetings,
17other than emergency meetings, from members of the public if no
18action is taken by the state body at the same meeting on matters
19brought before the body by members of the public.
20(b) The state body may adopt reasonable regulations to ensure
21that the intent of subdivision (a) is carried out, including, but not
22limited to, regulations limiting the total amount of time allocated
23for public comment on particular issues and for each individual
24speaker.
25(c) (1) Notwithstanding subdivision (b), when a state body
26limits time for public comment the state body shall provide at least
27twice the allotted time to a member of the public who utilizes a
28translator to ensure that
non-English speakers receive the same
29opportunity to directly address the state body.
30(2) Paragraph (1) shall not apply if the state body utilizes
31simultaneous translation equipment in a manner that allows the
32state body to hear the translated public testimony simultaneously.
33(d) The state body shall not prohibit public criticism of the
34policies, programs, or services of the state body, or of the acts or
35omissions of the state body. Nothing in this subdivision shall confer
36any privilege or protection for expression beyond that otherwise
37provided by law.
38(e) This section is not applicable to closed sessions held pursuant
39to Section 11126.
P86 1(f) This section is not applicable to decisions regarding
2proceedings held pursuant to Chapter 5 (commencing with
Section
311500), relating to administrative adjudication, or to the conduct
4of those proceedings.
5(g) This section is not applicable to hearings conducted by the
6California Victim Compensation Board pursuant to Sections 13963
7and 13963.1.
8(h) This section is not applicable to agenda items that involve
9decisions of the Public Utilities Commission regarding adjudicatory
10hearings held pursuant to Chapter 9 (commencing with Section
111701) of Part 1 of Division 1 of the Public Utilities Code. For all
12other agenda items, the commission shall provide members of the
13public, other than those who have already participated in the
14proceedings underlying the agenda item, an opportunity to directly
15address the commission before or during the commission’s
16consideration of the item.
Section 11125.8 of the Government Code is amended
18to read:
(a) Notwithstanding Section 11131.5, in any hearing
20that the California Victim Compensation Board conducts pursuant
21to Section 13963.1 and that the applicant or applicant’s
22representative does not request be open to the public, no notice,
23agenda, announcement, or report required under this article need
24identify the applicant.
25(b) In any hearing that the board conducts pursuant to Section
2613963.1 and that the applicant or applicant’s representative does
27not request be open to the public, the board shall disclose that the
28hearing is being held pursuant to Section 13963.1. That disclosure
29shall be deemed to satisfy the requirements of subdivision (a) of
30Section 11126.3.
Section 11270 of the Government Code is amended
32to read:
As used in this article, “administrative costs” means
34the amounts expended by the Legislature, the Legislative Counsel
35Bureau, the Governor’s Office, the Department of Technology,
36the Office of Planning and Research, the Department of Justice,
37the State Controller’s Office, the State Treasurer’s Office, the State
38Personnel Board, the Department of Finance, the Department of
39Financial Information System for California, the Office of
40Administrative Law, the Department of Human Resources, the
P87 1Secretary of California Health and Human Services, the California
2State Auditor’s Office, and the California State Library, and a
3proration of any other cost to or expense of the state for services
4or facilities provided for the Legislature and the above agencies,
5for supervision or administration of the state government or for
6services to other state
agencies.
Section 11270.1 of the Government Code is amended
8to read:
(a) The Central Service Cost Recovery Fund is hereby
10created in the State Treasury. The Central Service Cost Recovery
11Fund shall consist of those amounts transferred in accordance with
12Section 11274, and any interest earnings. Money in the Central
13Service Cost Recovery Fund shall be appropriated for the
14administration of the state government, as determined or
15redetermined by the Department of Finance in accordance with
16this article and Sections 13332.02 and 13332.03.
17(b) Unless otherwise authorized by law, moneys in the Central
18Service Cost Recovery Fund, to the extent not currently required
19to fund any appropriation, shall not be used, loaned, borrowed,
20assessed, allocated, or transferred unless approved by the
21Department
of Finance, except for cashflow borrowing by the
22General Fund pursuant to Section 16310. The Controller shall
23transfer the unexpended balance of those moneys in the Central
24Service Cost Recovery Fund to the General Fund as determined
25or redetermined by the Department of Finance.
Section 11274 of the Government Code is amended
27to read:
Notwithstanding any other law, the Department of
29Finance may allocate and charge a fair share of the administrative
30costs to all funds directly. The Department of Finance shall certify
31to the Controller the amount determined to be the fair share of
32administrative costs due and payable from each state fund. The
33Department of Finance, at any time during the year, may direct
34the Controller to advance a reasonable amount for administrative
35costs from a fund designated in accordance with Section 11271.
36Upon order of the Department of Finance of the timing and the
37amounts to be transferred, the Controller shall transfer the amount
38of the administrative costs from special and nongovernmental cost
39funds to the Central Service Cost Recovery Fund or the General
40Fund.
Section 11275 of the Government Code is amended
2to read:
In the event a fund has an insufficient fund balance
4for the payment of the administrative costs, the Controller shall
5request that the Department of Finance provide direction on
6effecting the transfer and its timing.
Section 11276 of the Government Code is repealed.
Section 11277 of the Government Code is repealed.
Section 11852 of the Government Code is amended
10to read:
For purposes of this chapter, the following terms shall
12have the following meanings:
13(a) “Approved FISCal Project documents” means any Special
14Project Report approved by the Department of Technology, or its
15successor agency, for the FISCal, as may be amended, augmented,
16or changed by any subsequent approved Special Project Report or
17legislative action.
18(b) “Cost or costs of the system” means all costs related to the
19acquisition, design, development, installation, deployment, and
20other related costs of the system, including, but not limited to,
21software, hardware, licenses, upgrades, training, facilities,
22contractors, and staff.
23(c) “Cost allocation plan” means
the plan described in Section
2411874.
25(d) “Department” means the Department of FISCal established
26pursuant to Section 11890.
27(e) “Director” means the Director of FISCal appointed pursuant
28to Section 11894.
29(f) “FISCal” means the Financial Information System for
30California.
31(g) “FISCal Consolidated Payment Fund” means the fund
32created pursuant to subdivision (a) of Section 11872.
33(h) “FISCal Internal Services Fund” means the fund created
34pursuant to Section 11870.
35(i) “Interface” means to communicate or interoperate with the
36system.
37(j) “Office” means the FISCal project office.
38(k) “Partner agencies” means the Department of Finance, the
39Controller, the Department of General Services, and the Treasurer.
P89 1(l) “State departments and agencies” means all state offices,
2officers, departments, divisions, bureaus, boards, commissions,
3organizations, or agencies, claims against which are paid by
4warrants drawn by the Controller, and whose financial activities
5are reported in the annual financial statement of the state or are
6included in the annual Governor’s Budget, including, but not
7limited to, the California State University, the University of
8California, the legislative branch, and the judicial branch.
9(m) “System” means a single integrated financial management
10system for the state that encompasses the management of resources
11and dollars as described in the approved FISCal Project
documents
12and includes the information required by Section 11862.
Section 11854 of the Government Code is amended
14to read:
The Legislature intends that the system meet all of the
16following objectives:
17(a) Replace the state’s aging legacy financial management
18systems and eliminate fragmented and diverse reporting by
19implementing standardized financial management processes and
20systems across all departments and control agencies. For purposes
21of this subdivision, “financial management” means accounting,
22budgeting, cash management, asset accounting, vendor
23management, and procurement.
24(b) Increase competition by promoting business opportunities
25through the use of electronic bidding, online vendor interaction,
26and automated vendor functions.
27(c) Maintain a central source for financial
management data to
28reduce the time and expense of vendors, departments, and agencies
29collecting, maintaining, and reconciling redundant data.
30(d) Increase investment returns through timely and accurate
31monitoring of cash balances, cash flow forecasting, and timing of
32receipts and disbursements.
33(e) Improve fiscal controls and support better decision making
34by state managers and the Legislature by enhancing the quality,
35timeliness, consistency, and accessibility of financial management
36information through the use of powerful data access tools,
37standardized data, and financial management reports.
38(f) Improve access and transparency of California’s financial
39management information allowing the implementation of increased
40auditing, compliance reporting, and fiscal accountability while
P90 1sharing information between the
public, the Legislature, external
2stakeholders, state, federal, and local agencies.
3(g) Automate manual processes by providing the ability to
4electronically receive and submit financial management documents
5and data between agencies, departments, banks, vendors, and other
6government entities.
7(h) Provide online access to financial management information
8resulting in a reduction of payment or approval inquiries, or both.
9(i) Improve the state’s ability to preserve, access, and analyze
10historical financial management information to reduce the workload
11required to research and prepare this information.
12(j) Enable the state to more quickly implement, track, and report
13on changes to financial management processes and systems to
14accommodate new information
such as statutory changes and
15performance information.
16(k) Reduce the time, workload, and costs associated with
17capturing and projecting revenues, expenditures, and program
18needs for multiple years and scenarios, and for tracking, reporting,
19and responding to legislative actions.
20(l) Track purchase volumes and costs by vendor and commodity
21code or service code to increase strategic sourcing opportunities,
22reduce purchase prices, and capture total state spending data.
23(m) Reduce procurement cycle time by automating purchasing
24authority limits and approval dependencies, and easing access to
25goods and services available from existing sources, including, but
26not limited to, using leveraged procurement agreements.
27(n) Streamline the accounts
receivable collections process and
28allow for offset capability which will provide the ability for
29increased cash collection.
30(o) Streamline the payment process and allow for faster vendor
31payments that will reduce late payment penalty fees paid by the
32state.
33(p) Improve role-based security and workflow authorization by
34capturing near real-time data from the state’s human resources
35system of record.
36(q) Implement a stable and secure information technology
37infrastructure.
Section 11860 of the Government Code is amended
39to read:
(a) To serve the best interest of the state by optimizing
2the financial business management of the state, the partner agencies
3shall collaboratively develop, implement, and utilize the system
4and assist the department to maintain the system. This effort will
5ensure best business practices by embracing opportunities to
6reengineer the state’s business processes and will encompass the
7management of resources and funds in the areas of budgeting,
8accounting, procurement, cash management, financial management,
9financial reporting, cost accounting, asset accounting, project
10accounting, and grant accounting.
11(b) State departments and agencies shall use the system, or,
12upon approval from the office, a department or agency shall be
13permitted to interface its departmental
system with the system.
14The system is intended to replace any existing central or
15departmental systems duplicative of the functionality of the system.
Section 11862 of the Government Code is amended
17to read:
(a) In addition to the requirements set forth in the
19approved FISCal project documents, the system shall include a
20state transparency component that allows the public to have
21information regarding General Fund and federal fund expenditure
22data, using an Internet Web site.
23(b) This section shall not require the disclosure of information
24deemed confidential or otherwise exempt from disclosure under
25state or federal law.
Section 11864 of the Government Code is amended
27to read:
(a) Throughout the development of the system, the
29California State Auditor’s Office shall independently monitor the
30system as the California State Auditor deems appropriate. The
31California State Auditor’s Office independent monitoring of the
32system shall include, but not be limited to, all of the following:
33(1) Monitoring the contract for independent project oversight
34and independent verification and validation services relating to
35the system.
36(2) Assessing whether concerns about the system raised by the
37independent project oversight and independent verification and
38validation services are being addressed by the office and the
39steering committee of the office.
P92 1(3) Assessing whether the system is progressing timely and
2within its budget.
3(b) The California State Auditor’s Office shall report, at a
4minimum, on or before January 10 of each year, on the system
5activities that the California State Auditor’s Office deems
6appropriate to monitor pursuant to this section in a manner
7consistent with Chapter 6.5 (commencing with Section 8543) of
8Division 1.
9(c) This section shall not supersede or compromise the
10Department of Technology’s oversight authority and
11responsibilities with respect to the system.
12(d) This section shall remain operative until the completion of
13the system, as specified in paragraph (2) of subdivision (a) of
14Section 11890, and thereafter shall be inoperative.
Section 11870 of the Government Code is amended
16to read:
The FISCal Internal Services Fund continues in
18existence in the State Treasury to pay the costs of development,
19implementation, and other approved costs of the system. All assets,
20liabilities, and surplus shall remain in the FISCal Internal Services
21Fund. The Department of Finance shall make the final
22determination of the budgetary and accounting transactions that
23are required to carry out this section. Accounts and subaccounts
24may be created within the FISCal Internal Services Fund as needed.
25Moneys in the FISCal Internal Services Fund, and its accounts and
26subaccounts, are available for cash flow borrowing by the General
27Fund pursuant to Section 16310.
Section 11872 of the Government Code is amended
29to read:
(a) The FISCal Consolidated Payment Fund is created
31in the State Treasury for the purpose of allowing the Controller to
32issue consolidated payments, excluding payroll, to any payee, of
33costs that are chargeable to appropriations made from other funds
34in the State Treasury, thereby allowing for efficient processing
35through the system of payments.
36(b) The amounts to be disbursed from the FISCal Consolidated
37Payment Fund shall be transferred by the Controller, from the
38funds and appropriations otherwise chargeable therewith, to the
39FISCal Consolidated Payment Fund prior to the time of
40disbursement. All amounts in the FISCal Consolidated Payment
P93 1Fund that are derived from abatements, refunds of amounts
2disbursed, returned warrants, or the cancellation of warrants issued
3
from the FISCal Consolidated Payment Fund shall be returned by
4the Controller to the funds and appropriations from which the
5amounts were originally transferred.
Section 11874 of the Government Code is amended
7to read:
(a) The department, subject to the approval of the
9Department of Finance, shall establish and assess fees and a
10payment schedule for state departments and agencies to pay for
11the design, development, and implementation of the system. The
12fees shall be deposited in the FISCal Internal Services Fund.
13(b) The department shall submit the cost allocation plan,
14including the methodology used to develop fees, to the Department
15of Finance during the state’s annual budget development processes
16for review and approval. The office shall submit any proposed
17changes in fees or methodology to the Department of Finance
18concurrently with budget requests.
Section 11880 of the Government Code is amended
20to read:
(a) The office and department shall require fingerprint
22images and associated information from any employee, prospective
23employee, contractor, subcontractor, volunteer, vendor, and partner
24agency employee assigned to either the office or the department
25whose duties include, or would include, having access to
26confidential or sensitive information or data on the network or
27computing infrastructure.
28(b) The fingerprint images and associated information described
29in subdivision (a) shall be furnished to the Department of Justice
30for the purpose of obtaining information as to the existence and
31nature of any of the following:
32(1) A record of state or federal convictions and the existence
33and nature of state
or federal arrests for which the person is free
34on bail or on his or her own recognizance pending trial or appeal.
35(2) Being convicted of, or pleading nolo contendere to, a crime,
36or having committed an act involving dishonesty, fraud, or deceit,
37if the crime or act is substantially related to the qualifications,
38functions, or duties of the person in accordance with this provision.
39(3) Any conviction or arrest, for which the person is free on bail
40or on his or her own recognizance pending trial or appeal, with a
P94 1reasonable nexus to the information or data to which the person
2shall have access.
3(c) Requests for federal criminal offender record information
4received by the Department of Justice pursuant to this section shall
5be forwarded to the Federal Bureau of Investigation by the
6Department of Justice.
7(d) The Department of Justice shall respond to the Chief of
8Human Resources of the office or the department with information
9as provided under subdivision (p) of Section 11105 of the Penal
10Code.
11(e) The Chief of Human Resources of the office or the
12department shall request subsequent arrest notifications from the
13Department of Justice as provided under Section 11105.2 of the
14Penal Code.
15(f) The Department of Justice may assess a fee sufficient to
16cover the processing costs required under this section, as authorized
17pursuant to subdivision (e) of Section 11105 of the Penal Code.
18(g) Persons described in subdivision (a) may be rejected if it is
19determined they meet the criteria described in paragraph (2) or (3)
20of subdivision (b). If a person is rejected,
the individual shall
21receive a copy of the response record from the Chief of Human
22Resources of the office or the department.
23(h) The Chief of Human Resources of the office or the
24department shall follow a written appeal process for an individual
25described in subdivision (a) who is determined ineligible for
26employment because of his or her Department of Justice or Federal
27Bureau of Investigation criminal offender record.
28(i) When considering the background information received
29pursuant to this section, the Chief of Human Resources of the
30office or the department shall take under consideration any
31evidence of rehabilitation, including, but not limited to,
32participation in treatment programs and age and specifics of the
33offense.
The heading of Article 5 (commencing with Section
3511890) of Chapter 10 of Part 1 of Division 3 of Title 2 of the 36Government Code is amended to read:
37
Section 11890 of the Government Code is amended
2to read:
(a) (1) There is in state government the Department
4of FISCal.
5(2) (A) Upon the acceptance of the system by the state, as
6determined by the Director of Finance in his or her capacity as the
7system sponsor, the Department of FISCal shall be within the
8Government Operations Agency.
9(B) The director shall post a notice on the Internet Web site of
10the Department of FISCal when the Director of Finance accepts
11the system in accordance with subparagraph (A).
12(b) The Department of FISCal shall maintain, upgrade, or
13otherwise enhance and support the system, provide operational
14support to the customers
and stakeholders of the system, and
15onboard any new, deferred, or exempt state entities.
Section 11892 of the Government Code is amended
17to read:
(a) The department shall incrementally assume
19responsibility of the system functionality as portions of the system
20are implemented and accepted.
21(b) The department shall provide the administrative functions
22for the system, including those functions of the office, during its
23existence.
24(c) The office and the department shall exist concurrently during
25the phased implementation of the system. Upon full implementation
26and final acceptance of the system, the department shall supersede
27the office and perform all administration, maintenance, and
28operation of the system.
Section 11893 is added to the Government Code, to
30read:
The administrative costs, as defined in Section 11270,
32of the Department of FISCal shall be allocated to and recovered
33from funds in a manner consistent with Section 11274.
Section 11894 of the Government Code is amended
35to read:
(a) The Director of FISCal shall be appointed by, and
37serve at the pleasure of, the Governor, subject to Senate
38confirmation.
39(b) The director shall have appointment power for both the
40office and the department and shall oversee the day-to-day
P96 1functions of both the office and the department. The director shall
2identify and transfer staff from the office to the department to
3further performance of the duties specified in Section 11892, in
4accordance with Section 19050.9.
Section 11895 is added to the Government Code, to
6read:
(a) The director shall, at least annually, confer with
8the partner agencies and at least one representative of other
9agencies utilizing the system to prioritize system enhancements,
10defects, and workarounds.
11(b) The director retains the discretion and ultimate authority on
12the implementation of changes in the system.
Section 12432 of the Government Code is amended
14to read:
(a) The Legislature hereby finds and declares that it is
16essential for the state to replace the current automated human
17resource/payroll systems operated by the Controller to ensure that
18state employees continue to be paid accurately and on time and
19that the state may take advantage of new capabilities and improved
20business practices. To achieve this replacement of the current
21systems, the Controller is authorized to procure, modify, and
22implement a new human resource management system that meets
23the needs of a modern state government. This replacement effort
24is known as the 21st Century Project.
25(b) Notwithstanding any other law, beginning with the 2004-05
26fiscal year, the Controller may assess the special and
27nongovernmental cost funds in sufficient amounts to pay
for the
28authorized 21st Century Project costs that are attributable to those
29funds. Assessments in support of the expenditures for the 21st
30Century Project shall be made quarterly, and the total amount
31assessed from these funds annually shall not exceed the total
32expenditures incurred by the Controller for the 21st Century Project
33that are attributable to those funds in that fiscal year.
34Appropriations for this purpose shall be made in the annual Budget
35Act.
36(c) To the extent permitted by law, beginning with the 2004-05
37fiscal year, the Controller shall establish agreements with various
38agencies and departments for the collection from federal funds of
39costs that are attributable to federal funds. The total amount
40collected from those agencies and departments annually shall not
P97 1exceed the total expenditures incurred by the Controller for the
221st Century Project that are attributable to federal funds in that
3fiscal year. Appropriations for that
purpose shall be made in the
4annual Budget Act.
5(d) It is the intent of the Legislature that, beginning not earlier
6than the 2006-07 fiscal year, future annual Budget Acts include
7General Fund appropriations in sufficient amounts for expenditures
8for the 21st Century Project that are attributable to the General
9Fund. It is the Legislature’s intent that the share of the total project
10costs paid for by the General Fund shall be equivalent to the share
11of the total project costs paid for from special and nongovernmental
12cost fund assessments and collections from federal funds.
13(e) This section shall remain in effect only until June 30, 2017,
14and as of that date is repealed.
The heading of Article 2.5 (commencing with Section
1612433) is added to Chapter 5 of Part 2 of Division 3 of Title 2 of
17the Government Code, to read:
18
Section 12803.2 of the Government Code is amended
22to read:
(a) The Government Operations Agency shall consist
24of all of the following:
25(1) The Office of Administrative Law.
26(2) The Public Employees’ Retirement System.
27(3) The State Teachers’ Retirement System.
28(4) The State Personnel Board.
29(5) The California Victim Compensation Board.
30(6) The Department of General Services.
31(7) The Department of Technology.
32(8) The Franchise Tax Board.
33(9) The Department of Human Resources.
34(b) The Government Operations Agency shall include the
35Department of FISCal upon the acceptance of the Financial
36Information System for California (FISCal) by the state, as
37determined by the Director of Finance, pursuant to Section 11890.
38(c) The Government Operations Agency shall be governed by
39the Secretary of Government Operations pursuant to Section 12801.
P98 1However, the Director of Human Resources shall report directly
2to the Governor on issues relating to labor relations.
3(d) The Governor, upon the recommendation of the Secretary
4of Government Operations, may appoint up to three deputies for
5the
secretary.
Section 13300 of the Government Code is amended
7to read:
(a) The department shall devise, install, supervise, and,
9at its discretion, revise and modify, a modern and complete
10accounting system and policies for each agency of the state
11permitted or charged by law with the handling of public money or
12its equivalent, to the end that all revenues, expenditures, receipts,
13disbursements, resources, obligations, and property of the state be
14properly, accurately, and systematically accounted for and that
15there shall be obtained accurate and comparable records, reports,
16and statements of all the financial affairs of the state.
17(b) This system shall permit a comparison of budgeted
18expenditures, actual expenditures, encumbrances and payables,
19and estimated revenue to actual revenue that is
compatible with a
20budget coding system developed by the department. In addition,
21the system shall provide for a federal revenue accounting system
22with cross-references of federal fund sources to state activities.
23(c) This system shall include a cost accounting system that
24accounts for expenditures by line item, governmental unit, and
25fund source. The system shall also be capable of performing
26program cost accounting as required. The system and the accounts
27maintained by all state departments and agencies shall be
28coordinated with the central accounts maintained by the Controller,
29and shall provide the Controller with all information necessary to
30the maintenance by the Controller of a comprehensive system of
31central accounts for the entire state government.
Section 13300.5 of the Government Code is amended
33to read:
(a) The Legislature finds and declares that the system
35to modernize the state’s internal financial systems is a critical
36project that must be subject to the highest level of oversight.
37According to the Department of Technology, the size and scope
38of this modernization and automation effort make this project one
39of the highest risk projects undertaken by the state. Therefore, the
40Legislature must take steps to ensure it is fully informed as the
P99 1project is implemented. It is the intent of the Legislature to adopt
2additional reporting requirements for the office to adequately
3manage risk and ensure the successful implementation of this
4effort.
5(b) The office shall report to the Legislature, on or before
6February 15 of each year, on all of the following:
7(1) An executive summary and overview of the system’s status.
8(2) An overview of the system’s history.
9(3) Significant events of the system within the current reporting
10period and a projection of events during the next reporting period.
11(4) A discussion of mitigation actions being taken by the office
12for any missed major milestones.
13(5) A comparison of actual to budgeted expenditures, and an
14explanation of variances and any planned corrective actions,
15including a summary of the system and staffing levels and an
16estimate of staff participation from partner agencies.
17(6) An articulation of expected functionality and qualitative
18
benefits from the system that were achieved during the reporting
19period and that are expected to be achieved in the subsequent year.
20(7) An overview of change management activities and
21stakeholder engagement during the system implementation process,
22including a summary of departmental participation in the system.
23(8) A discussion of lessons learned and best practices that will
24be incorporated into future changes in management activities.
25(9) A description of any significant software customization,
26including a justification for why, if any, customization was granted.
27(10) Updates on the progress of meeting the system’s objectives.
28(c) Reports shall describe deviations to the project scope,
cost,
29or schedule from Special Project Report 6.
30(d) This section shall remain operative until the completion of
31the system, as specified in paragraph (2) of subdivision (a) of
32Section 11890, and thereafter shall be inoperative.
33(e) The definitions in Section 11852 shall apply to the applicable
34terms in this section.
Section 13332.02 of the Government Code is amended
36to read:
All funds recovered from the federal government
38to offset statewide indirect costs shall be transferred to the Central
39Service Cost Recovery Fund or to the General Fund in a manner
40prescribed by the Department of Finance, unless expenditure of
P100 1the funds is authorized by the Department of Finance. No
2authorization may become effective sooner than 30 days after
3notification in writing of the necessity therefor to the chairperson
4of the committee in each house that considers appropriations and
5the Chairperson of the Joint Legislative Budget Committee, or not
6sooner than whatever lesser time the Chairperson of the Joint
7Legislative Budget Committee, or his or her designee, may in each
8instance determine. If in the judgment of the Director of Finance,
9a state agency has not transferred the funds on a timely
basis, the
10Department of Finance may certify to the Controller the amount
11that the agency should have transferred to the Central Service Cost
12Recovery Fund or the General Fund, and the Controller shall
13transfer the funds to the Central Service Cost Recovery Fund or
14the General Fund.
Section 13332.03 of the Government Code is
16amended to read:
Whenever an appropriation has not been made to
18provide for recovery of general administrative costs pursuant to
19Article 2 (commencing with Section 11270) of Chapter 3 of Part
201, a sufficient sum for that purpose shall be transferred from each
21affected fund by the Controller to the Central Service Cost
22Recovery Fund or the General Fund in accordance with Section
2311274. The Controller shall make transfers pursuant to this section
24only upon order of the Department of Finance.
Section 13332.09 of the Government Code is
26amended to read:
(a) A purchase order or other form of documentation
28for acquisition or replacement of motor vehicles shall not be issued
29against any appropriation until the Department of General Services
30has investigated and established the necessity therefor.
31(b) A state agency shall not acquire surplus mobile equipment
32from any source for program support until the Department of
33General Services has investigated and established the necessity
34therefor.
35(c) Notwithstanding any other law, any contract for the
36acquisition of a motor vehicle or general use mobile equipment
37for a state agency shall be made by or under the supervision of the
38Department of General Services. Pursuant to Section 10298 of the
39Public Contract
Code, the Department of General Services may
40collect a fee to offset the cost of the services provided.
P101 1(d) Any passenger-type motor vehicle purchased for a state
2officer, except a constitutional officer, or a state employee shall
3be an American-made vehicle of the light class, as defined by the
4Department of General Services, unless excepted by the Director
5of General Services on the basis of unusual requirements,
6including, but not limited to, use by the Department of the
7California Highway Patrol, that would justify the need for a motor
8vehicle of a heavier class.
9(e) General use mobile equipment having an original purchase
10price of twenty-five thousand dollars ($25,000) or more shall not
11be rented or leased from a nonstate source and payment therefor
12shall not be made from any appropriation for the use of the
13Department of Transportation, without the prior approval of the
14
Department of General Services after a determination that
15comparable state-owned equipment is not available, unless
16obtaining approval would endanger life or property, in which case
17the transaction and the justification for not having sought prior
18approval shall be reported immediately thereafter to the Department
19of General Services.
20(f) As used in this section:
21(1) “General use mobile equipment” means equipment that is
22listed in the Mobile Equipment Inventory of the State Equipment
23Council and capable of being used by more than one state agency,
24and shall not be deemed to refer to equipment having a practical
25use limited to the controlling state agency only. Section 575 of the
26Vehicle Code shall have no application to this section.
27(2) “State agency” means a state agency, as defined pursuant
28to Section 11000. The
University of California is requested and
29encouraged to have the Department of General Services perform
30the tasks identified in this section with respect to the acquisition
31or replacement of motor vehicles by the University of California.
32“State agency” does not include a district agricultural association,
33as defined in Section 3951 of the Food and Agricultural Code.
34(g) This section shall become operative on July 1, 2015.
The heading of Part 4 (commencing with Section
3613900) of Division 3 of Title 2 of the Government Code is amended
37to read:
38
Section 13900 of the Government Code is amended
2to read:
(a) As used in this chapter, “board” means the
4California Victim Compensation Board.
5(b) Except as provided by Section 14659.01, whenever the term
6“California Victim Compensation and Government Claims Board”
7appears in any statute, regulation, contract, or any other code, it
8shall be construed to refer to the California Victim Compensation
9Board, unless the context clearly requires otherwise.
Section 13901 of the Government Code is amended
11to read:
(a) There is within the Government Operations Agency
13the California Victim Compensation Board.
14(b) The board consists of the Secretary of Government
15Operations or his or her designee and the Controller, both acting
16ex officio, and a third member who shall be appointed by and serve
17at the pleasure of the Governor. The third member may be a state
18officer who shall act ex officio.
Section 13905 of the Government Code is amended
20to read:
The board shall have a seal, bearing the following
22inscription: “California Victim Compensation Board.” The seal
23shall be fixed to all writs and authentications of copies of records
24and to other instruments that the board directs.
Section 13909 of the Government Code is amended
26to read:
(a) The board shall appoint an executive officer who
28shall hold office at its pleasure. It may also employ those personnel,
29including examiners, as it deems necessary for the performance
30of its duties.
31(b) The executive officer shall execute those duties and
32responsibilities as may be delegated by the board. The board may,
33except as otherwise provided in this section, delegate any statutory
34power of the board to the executive officer, or any examiner,
35employee, or committee as the board may designate, by means of
36a board order that is adopted by a majority of all of the board’s
37members and that prescribes the limits of the delegation.
Section 13920 of the Government Code is amended
39and renumbered to read:
The department may adopt regulations pursuant to
2Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
33:
4(a) Limiting the amount, time, and place of expenses and
5allowances to be paid to elected state officers, and officers and
6employees of the state provided for in Article VI of the California
7Constitution, while traveling on official state business.
8(b) Governing the presentation and audit of claims against the
9state for which an appropriation has been made or for which a state
10fund is available.
11(c) Governing any other matter over which it has jurisdiction.
Section 13923 of the Government Code is amended
13and renumbered to read:
The department may approve plans for payroll
15deduction from the salaries or wages of state officers and
16employees under subdivision (f) of Section 1151 for charitable
17contributions to the agency handling the principal combined fund
18drive in any area. The department shall establish necessary rules
19and regulations, including the following:
20(a) Standards for establishing what constitutes the principal
21combined fund drive in an area.
22(b) A requirement that the agency to receive these contributions
23shall pay, for deposit in the General Fund, the additional cost to
24the state of making these deductions and remitting the proceeds,
25as determined by the Controller.
26(c) A requirement that the agency to receive these contributions
27shall pay, for deposit in the Service Revolving Fund, the
28department’s cost to administer the annual charitable campaign
29fund drive. This amount shall be determined by the department
30and shall only be available for the support of the department upon
31appropriation by the Legislature.
32(d) Provisions for standard amounts of deductions from which
33each state officer or employee may select the contribution that he
34or she desires to make, if any.
35(e) A prohibition upon state officers or employees authorizing
36more than one payroll deduction for charitable purposes to be in
37effect at the same time.
38(f) A provision authorizing the Controller to combine in his or
39her records deductions for employee
association dues, if authorized,
40and charitable deductions, if authorized.
P104 1The department, in addition, may approve requests of any
2charitable organization qualified as an exempt organization under
3Section 23701d of the Revenue and Taxation Code, and paragraph
4(3) of subsection (c) of Section 501 of the Internal Revenue Code
5of 1954, which is not an affiliated member beneficiary of the
6principal combined fund drive to receive designated deductions
7from the principal fund drive.
8The principal combined fund drive agency, any charitable
9organization which is an affiliated member beneficiary of the
10principal combined fund drive, and any charitable organization
11approved by the department to receive designated deductions on
12the payroll authorization form of the principal fund drive, shall
13certify under penalty of perjury to the department that it is in
14compliance with the Fair Employment and Housing Act, Part 2.8
15(commencing with
Section 12900), as a condition of receiving
16these designated deductions.
17The principal combined fund drive shall obtain from the
18department the list of approved nonaffiliated beneficiaries, eligible
19for designated deductions in its approved drive area, and shall
20provide this information to each employee at the time of the
21principal fund drive. The principal combined drive agency shall
22provide a designation form for the employee to indicate those
23amounts to be contributed to affiliated and nonaffiliated
24beneficiaries. The designation form shall consist of a copy for each
25of the following: (1) the employee, (2) the employee’s designated
26beneficiary agency, and (3) the principal combined fund drive
27agency. The principal combined fund drive agency shall pay the
28amount collected for the employee designated beneficiary agency
29less the amount necessary to reimburse the principal combined
30fund drive agency for fundraising and administrative expenses.
31The fee charged for
fundraising and administrative cost
32reimbursement shall be determined by the department, published
33in campaign literature and made available to the employee during
34the solicitation process.
35Nothing contained in this section shall preclude a principal fund
36drive agency from giving a percentage of the undesignated funds
37to charities which are not members of the agency handling the
38principal drive, or honoring an employee’s designated deduction
39to any charitable organization.
Section 13928 of the Government Code is amended
2and renumbered to read:
The department shall take any and all necessary
4steps to ensure that all claims which have been approved by the
5department, and for which there exists no legally available
6appropriation, are submitted for legislative approval at least twice
7during each calendar year.
Section 13940 of the Government Code is amended
9and renumbered to read:
Any state agency or employee required to collect any
11state taxes, licenses, fees, or money owing to the state for any
12reason that is due and payable may be discharged by the Controller
13from accountability for the collection of the taxes, licenses, fees,
14or money if the debt is uncollectible or the amount of the debt does
15not justify the cost of its collection.
Section 13941 of the Government Code is amended
17and renumbered to read:
The application for a discharge under this article shall
19be filed with the Controller and include the following:
20(a) A statement of the nature and amount of the tax, license,
21fee, or other money due.
22(b) The names of the persons liable.
23(c) The estimated cost of collection.
24(d) All other facts warranting the discharge, unless the Controller
25determines that the circumstances do not warrant the furnishing
26of detailed information.
Section 13942 of the Government Code is amended
28and renumbered to read:
The Controller shall audit the applications. The
30Controller shall discharge the applicant from further accountability
31for collection and authorize the applicant to close its book on that
32item 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.
Section 13943 of the Government Code is amended
2and renumbered to read:
The Controller may discharge from accountability a
4state agency for accounts that do not exceed the amount specified
5in subdivision (e) of Section 12435 and thereby authorize the
6closing of the agency’s books in regard to that item.
Section 13943.1 of the Government Code is amended
8and renumbered to read:
(a) Except as provided in subdivision (b), a discharge
10granted pursuant to this article to a state agency or employee does
11not release any person from the payment of any tax, license, fee,
12or other money that is due and owing to the state.
13(b) A discharge granted pursuant to this article to the Franchise
14Tax Board shall release a person from a liability for the payment
15of any tax, fee, or other liability deemed uncollectible that is due
16and owing to the state and extinguish that liability, if at least one
17of the following conditions is met:
18(1) The liability is for an amount less than five hundred dollars
19($500).
20(2) The liable person has been deceased for more than four years
21and there is no active probate with respect to that person.
22(3) The Franchise Tax Board has determined that the liable
23person has a permanent financial hardship.
24(4) The liability has been unpaid for more than 30 years.
Section 13943.2 of the Government Code is amended
26and renumbered to read:
A state agency is not required to collect taxes, licenses,
28fees, or money owing to the state for any reason if the amount to
29be collected is five hundred dollars ($500) or less. Nothing
30contained in this section shall be construed as releasing any person
31from the payment of any money due the state.
Section 13943.3 of the Government Code is amended
33and renumbered to read:
Notwithstanding any other provision of this article,
35the Controller may discharge the Department of Water Resources
36from accountability for collection of the loan issued to the
37Arrowhead Manor Water Company in 1980 under the California
38Safe Drinking Water Bond Law of 1976, but only if San Bernardino
39County or its county service area acquires the water system
40financed by the loan issued to the Arrowhead Manor Water
P107 1Company and pays the amount of nine hundred ten thousand five
2hundred twenty dollars ($910,520) in complete satisfaction of that
3loan, on or before January 30, 2009.
Section 13944 of the Government Code is amended
5and renumbered to read:
(a) The Controller may investigate, inquire, and, if
7necessary, conduct hearings concerning property in the possession
8of the Treasurer which has escheated to the state from the estates
9of deceased persons pursuant to a judgment of escheat or pursuant
10to a distribution to the state under Section 11900 of the Probate
11Code.
12(b) After investigation, inquiry, and hearing, the Controller may
13relieve the Treasurer from any liability arising from the possession
14of and sell, or authorize the Treasurer to destroy or otherwise
15dispose of, any such property as it deems proper.
Section 13951 of the Government Code is amended
17to read:
As used in this chapter, the following definitions shall
19apply:
20(a) “Board” means the California Victim Compensation Board.
21(b) (1) “Crime” means a crime or public offense, wherever it
22may take place, that would constitute a misdemeanor or a felony
23if the crime had been committed in California by a competent
24adult.
25(2) “Crime” includes an act of terrorism, as defined in Section
262331 of Title 18 of the United States Code, committed against a
27resident of the state, whether or not the act occurs within the state.
28(c) “Derivative victim”
means an individual who sustains
29pecuniary loss as a result of injury or death to a victim.
30(d) “Law enforcement” means every district attorney, municipal
31police department, sheriff’s department, district attorney’s office,
32county probation department, and social services agency, the
33Department of Justice, the Department of Corrections, the
34Department of the Youth Authority, the Department of the
35California Highway Patrol, the police department of any campus
36of the University of California, California State University, or
37community college, and every agency of the State of California
38expressly authorized by statute to investigate or prosecute law
39violators.
P108 1(e) “Pecuniary loss” means an economic loss or expense
2resulting from an injury or death to a victim of crime that has not
3been and will not be reimbursed from any other source.
4(f) “Peer counseling” means counseling offered by a provider
5of mental health counseling services who has completed a
6specialized course in rape crisis counseling skills development,
7participates in continuing education in rape crisis counseling skills
8development, and provides rape crisis counseling within the State
9of California.
10(g) “Victim” means an individual who sustains injury or death
11as a direct result of a crime as specified in subdivision (e) of
12Section 13955.
13(h) “Victim center” means a victim and witness assistance center
14that receives funds pursuant to Section 13835.2 of the Penal Code.
Section 13972 of the Government Code is amended
16to read:
(a) If a private citizen incurs personal injury or death
18or damage to his or her property in preventing the commission of
19a crime against the person or property of another, in apprehending
20a criminal, or in materially assisting a peace officer in prevention
21of a crime or apprehension of a criminal, or rescuing a person in
22immediate danger of injury or death as a result of fire, drowning,
23or other catastrophe, the private citizen, his or her surviving spouse,
24his or her surviving children, a person dependent upon the citizen
25for his or her principal support, any person legally liable for the
26citizen’s pecuniary losses, or a public safety or law enforcement
27agency acting on behalf of any of the above may file a claim with
28the California Victim Compensation Board for indemnification to
29the extent that the claimant is not compensated
from any other
30source for the injury, death, or damage. The claim shall generally
31show all of the following:
32(1) The date, place, and other circumstances of the occurrence
33or events that gave rise to the claim.
34(2) A general description of the activities of the private citizen
35in prevention of a crime, apprehension of a criminal, or rescuing
36a person in immediate danger of injury or death as a result of fire,
37drowning, or other catastrophe.
38(3) The amount or estimated amount of the injury, death, or
39damage sustained for which the claimant is not compensated from
P109 1any other source, insofar as it may be known at the time of the
2presentation of the claim.
3(4) Any other information that the California Victim
4Compensation Board may require.
5(b) A claim filed under subdivision (a) shall be accompanied
6by a corroborating statement and recommendation from the
7appropriate state or local public safety or law enforcement agency.
Section 13973 of the Government Code is amended
9to read:
(a) Upon presentation of a claim pursuant to this
11chapter, the California Victim Compensation Board shall fix a
12time and place for the hearing of the claim, and shall mail notices
13of the hearing to interested persons or agencies. The board shall
14receive recommendations from public safety or law enforcement
15agencies, and evidence showing all of the following:
16(1) The nature of the crime committed by the apprehended
17criminal or prevented by the action of the private citizen, or the
18nature of the action of the private citizen in rescuing a person in
19immediate danger of injury or death as a result of fire, drowning,
20or other catastrophe, and the circumstances involved.
21(2) That the actions of the private
citizen substantially and
22materially contributed to the apprehension of a criminal, the
23prevention of a crime, or the rescuing of a person in immediate
24danger of injury or death as a result of fire, drowning, or other
25catastrophe.
26(3) That, as a direct consequence, the private citizen incurred
27personal injury or damage to property or died.
28(4) The extent of the injury or damage for which the claimant
29is not compensated from any other source.
30(5) Any other evidence that the board may require.
31(b) If the board determines, on the basis of a preponderance of
32the evidence, that the state should indemnify the claimant for the
33injury, death, or damage sustained, it shall approve the claim for
34payment. In no event shall a claim be approved by the board under
35
this article in excess of ten thousand dollars ($10,000).
36(c) In addition to any award made under this chapter, the board
37may award, as attorney’s fees, an amount representing the
38reasonable value of legal services rendered a claimant, but in no
39event to exceed 10 percent of the amount of the award. No attorney
40shall charge, demand, receive, or collect for services rendered in
P110 1connection with any proceedings under this chapter any amount
2other than that awarded as attorney’s fees under this section. Claims
3approved under this chapter shall be paid from a separate
4appropriation made to the California Victim Compensation in the
5Budget Act and as the claims are approved by the board.
Section 13974 of the Government Code is amended
7to read:
The California Victim Compensation Board is hereby
9authorized to make all needful rules and regulations consistent
10with the law for the purpose of carrying into effect this article.
Section 13974.1 of the Government Code is amended
12to read:
(a) The California Victim Compensation Board shall
14use the applicable provisions of this article to establish a claim
15and reward procedure to reward persons providing information
16leading to the location of any child listed in the missing children
17registry compiled pursuant to former Section 11114 of the Penal
18Code or maintained pursuant to the system maintained pursuant
19to Sections 14203 and 14204 of the Penal Code.
20(b) Awards shall be made upon recommendation of the
21Department of Justice in an amount of not to exceed five hundred
22dollars ($500) to any one individual. However, as a condition to
23an award, in any particular case, an amount equal to or greater in
24nonstate funds shall have been first offered as a reward for
25information leading to the location of that
missing child.
26(c) The Missing Children Reward Fund is abolished and any
27remaining balance is transferred to the Restitution Fund. The
28California Victim Compensation Board shall make awards pursuant
29to this section from the Restitution Fund, using the appropriation
30authority provided in Section 13964.
Section 13974.5 of the Government Code is amended
32to read:
(a) The California Victim Compensation Board shall
34enter into an interagency agreement with the University of
35California, San Francisco, to establish a victims of crime recovery
36center at the San Francisco General Hospital for the purpose of
37providing comprehensive and integrated services to victims of
38crime, subject to conditions set forth by the board.
P111 1(b) This section shall not apply to the University of California
2unless the Regents of the University of California, by appropriate
3resolution, make this section applicable.
4(c) This section shall only be implemented to the extent that
5funding is appropriated for that
purpose.
Section 13995.40 of the Government Code is
7amended to read:
(a) Upon approval of the initial referendum, the
9office shall establish a nonprofit mutual benefit corporation named
10the California Travel and Tourism Commission. The commission
11shall be under the direction of a board of commissioners, which
12shall function as the board of directors for purposes of the
13Nonprofit Corporation Law.
14(b) The board of commissioners shall consist of 37
15commissioners comprising the following:
16(1) The director.
17(2) (A) Twelve commissioners, who are professionally active
18in the tourism industry, and whose primary business, trade, or
19profession is directly related to the tourism industry,
shall be
20appointed by the Governor. Each appointed commissioner shall
21represent only one of the 12 tourism regions designated by the
22office, and the appointed commissioners shall be selected so as to
23represent, to the greatest extent possible, the diverse elements of
24the tourism industry. Appointed commissioners are not limited to
25individuals who are employed by or represent assessed businesses.
26(B) If an appointed commissioner ceases to be professionally
27active in the tourism industry or his or her primary business, trade,
28or profession ceases to be directly related to the tourism industry,
29he or she shall automatically cease to be an appointed
30commissioner 90 days following the date on which he or she ceases
31to meet both of the eligibility criteria specified in subparagraph
32(A), unless the commissioner becomes eligible again within that
3390-day period.
34(3) Twenty-four elected
commissioners, including at least one
35representative of a travel agency or tour operator that is an assessed
36business.
37(c) The commission established pursuant to former Section
3815364.52 shall be inoperative so long as the commission
39established pursuant to this section is in existence.
P112 1(d) Elected commissioners shall be elected by industry category
2in a referendum. Regardless of the number of ballots received for
3a referendum, the nominee for each commissioner slot with the
4most weighted votes from assessed businesses within that industry
5category shall be elected commissioner. In the event that an elected
6commissioner resigns, dies, or is removed from office during his
7or her term, the commission shall appoint a replacement from the
8same industry category that the commissioner in question
9represented, and that commissioner shall fill the remaining term
10of the commissioner in
question. The number of commissioners
11elected from each industry category shall be determined by the
12weighted percentage of assessments from that category.
13(e) The director may remove any elected commissioner
14following a hearing at which the commissioner is found guilty of
15abuse of office or moral turpitude.
16(f) (1) The term of each elected commissioner shall commence
17July 1 of the year next following his or her election, and shall
18expire on June 30 of the fourth year following his or her election.
19If an elected commissioner ceases to be employed by or with an
20assessed business in the category and segment which he or she
21was representing, his or her term as an elected commissioner shall
22automatically terminate 90 days following the date on which he
23or she ceases to be so employed, unless, within that 90-day period,
24the commissioner again is employed by or
with an assessed
25business in the same category and segment.
26(2) Terms of elected commissioners that would otherwise expire
27effective December 31 of the year during which legislation adding
28this subdivision is enacted shall automatically be extended until
29June 30 of the following year.
30(g) With the exception of the director, no commissioner shall
31serve for more than two consecutive terms. For purposes of this
32subdivision, the phrase “two consecutive terms” shall not include
33partial terms.
34(h) Except for the original commissioners, all commissioners
35shall serve four-year terms. One-half of the commissioners
36originally appointed or elected shall serve a two-year term, while
37the remainder shall serve a four-year term. Every two years
38thereafter, one-half of the commissioners shall be appointed or
39elected by
referendum.
P113 1(i) The selection committee shall determine the initial slate of
2candidates for elected commissioners. Thereafter the
3commissioners, by adopted resolution, shall nominate a slate of
4candidates, and shall include any additional candidates complying
5with the procedure described in Section 13995.62.
6(j) (1) The commissioners appointed pursuant to subparagraph
7(A) of paragraph (2) of subdivision (b) shall elect the chairperson.
8(2) The commissioners selected pursuant to subdivision (d) shall
9elect the vice chairperson.
10(k) The commission may lease space from the office.
11(l) The commission and the office shall be the official state
12representatives of California
tourism.
13(m) (1) All commission meetings shall be held in California.
14(2) Commissioners may participate in meetings by means of
15conference telephone and other technology.
16(n) No person shall receive compensation for serving as a
17commissioner, but each commissioner shall receive reimbursement
18for reasonable expenses incurred while on authorized commission
19business.
20(o) Assessed businesses shall vote only for commissioners
21representing their industry category.
22(p) Commissioners shall comply with the requirements of the
23Political Reform Act of 1974 (Title 9 (commencing with Section
2481000)). The Legislature finds and declares that commissioners
25appointed or elected on the
basis of membership in a particular
26tourism segment are appointed or elected to represent and serve
27the economic interests of those tourism segments and that the
28economic interests of these members are the same as those of the
29public generally.
30(q) Commission meetings shall be subject to the requirements
31of the Bagley-Keene Open Meeting Act (Article 9 (commencing
32with Section 11120) of Chapter 1 of Part 1).
33(r) The executive director of the commission shall serve as
34secretary to the commission, a nonvoting position, and shall keep
35the minutes and records of all commission meetings.
Section 14084 of the Government Code is amended
37to read:
If at any time, in carrying out any agreement made
39pursuant to Section 14081, the required payment of reimbursements
40becomes a matter in dispute that cannot be resolved by the
P114 1governing body and the director, it shall be brought before the
2Controller, who may conduct the necessary audits and interviews
3to determine the facts, hear both parties to the dispute, and make
4a final determination as to the reimbursement actually due.
Section 14600 of the Government Code is amended
6to read:
The Legislature declares that a centralization of business
8management functions and services of state government is
9necessary to take advantage of specialized techniques and skills,
10provide uniform management practices, and to insure a continuing
11high level of efficiency and economy. A Department of General
12Services is created to provide centralized services including, but
13not limited to, planning, acquisition, construction, and maintenance
14of state buildings and property; purchasing; printing; architectural
15services; administrative hearings; government claims; and
16accounting services. The Department of General Services shall
17develop and enforce policy and procedures and shall institute or
18cause the institution of those investigations and proceedings as it
19deems proper to assure effective operation of all
functions
20performed by the department and to conserve the rights and
21interests of the state.
The heading of Article 1.1 (commencing with
23Section 14659) is added to Chapter 2 of Part 5.5 of Division 3 of
24Title 2 of the Government Code, to read:
25
Section 14659 is added to the Government Code,
29to read:
The Department of General Services and its director
31succeed to and are vested with all the duties, powers, purposes,
32responsibilities, and jurisdiction vested in the California Victim
33Compensation and Government Claims Board, or its executive
34officer, under the following statutes as they existed on January 1,
352016:
36(a) Section 77 of the Code of Civil Procedure.
37(b) Section 846.1 of the Civil Code.
38(c) Sections 12117, 24618, and 89750.5 of the Education Code.
39(d) Sections 1122 and 15512 of the Fish and Game Code.
P115 1(e) Sections 3955, 14978.2, and 52295 of the Food and
2Agricultural Code.
3(f) Sections 800, 850.6, 900.2, 905.2, 905.3, 906, 911.2, 912.5,
4915, 920, 925, 927.13, 935.6, 935.7, 940.2, 965, 965.1, 965.5,
5997.1, 998, 998.2, 1151, 3515.7, 8652, 8902, 11007.6, 11014,
611030.1, 11030.2, 11031, 11275, 13332.09, 14600, 15202, 16302.1,
716304.6, 16383, 16431, 17051.5, 17201, 19815.4, 20163, 21223,
821265, 26749, 68503, 68506, 68543, 68543.5, 68543.8, and 68565
9of this code.
10(g) Sections 13052, 25370, 121265, and 121270 of the Health
11and Safety Code.
12(h) Sections 11580.1 and 11872 of the Insurance Code.
13(i) Sections 4724, 4725, and 4726 of the Labor Code.
14(j) Sections 422.92, 987.9, 1557,
2786, 11163, and 11172 of
15the Penal Code.
16(k) Sections 10301, 10306, 10308, 10311, 10326.2, and 12102.2
17of the Public Contract Code.
18(l) Sections 4116, 4602.6, 5093.68, and 30171.2 of the Public
19Resources Code.
20(m) Sections 4461, 14171.5, 14171.6, and 15634 of the Welfare
21and Institutions Code.
Section 14659.01 is added to the Government Code,
23to read:
Notwithstanding Section 13900, whenever the term
25“California Victim Compensation and Government Claims Board,”
26the term “California Victim Compensation Boards,” or the term
27“State Board of Control” appears in any statute, regulation,
28contract, or any other code with respect to the statutory powers
29and duties of the Department of General Services described in
30Section 14659, they shall be construed to refer to the Department
31of General Services unless the context clearly requires otherwise.
Section 14659.02 is added to the Government Code,
33to read:
The Department of General Services may assign
35any matter related to the statutory powers and duties of the
36Department of General Services described in Section 14659 to the
37Office of Risk and Insurance Management or to any other state
38office.
Section 14659.03 is added to the Government Code,
40to read:
The evidence in any investigation, inquiry, or hearing
2may be taken by the Department of General Services or, on its
3behalf, by the office designated for that purpose. Every finding,
4opinion, and order, made pursuant to an investigation, inquiry, or
5hearing, when approved or confirmed by the department, or office
6so designated, is the finding, opinion, or order of the Department
7of General Services.
Section 14659.04 is added to the Government Code,
9to read:
The Office of Risk and Insurance Management, any
11state office designated pursuant to Section 14659.02, or their
12designees shall keep a full and true record of all proceedings, issue
13all necessary process, writs, warrants, and notices, and perform
14those other duties described in Section 14659.
Section 14659.05 is added to the Government Code,
16to read:
The Director of General Services, the Office of Risk
18and Insurance Management, any state office designated pursuant
19to Section 14659.02, or their designees may administer oaths,
20certify to all official acts, and issue subpoenas for the attendance
21of witnesses and production of papers, books, accounts, documents,
22and testimony in any inquiries, investigations, hearings, or
23proceedings conducted in accordance with Section 14659.
Section 14659.06 is added to the Government Code,
25to read:
The Department of General Services, the Office of
27Risk and Insurance Management, any state office designated
28pursuant to Section 14659.02, or their designees may administer
29oaths, examine witnesses, issue subpoenas, and receive evidence
30under such rules and regulations, pursuant to Section 14659, as
31the Department of General Services may adopt.
Section 14659.07 is added to the Government Code,
33to read:
The Department of General Services shall have a
35seal, bearing the following inscription: “Department of General
36Services.” The seal shall be fixed to all writs and authentications
37of copies of records and to other instruments that the department
38directs.
Article 3.5 (commencing with Section 14691) is
2added to Chapter 2 of Part 5.5 of Division 3 of Title 2 of the 3Government Code, to read:
4
(a) For purposes of this article, the following definitions
8shall apply:
9(1) “Acquisition” includes purchase, option to purchase, or lease
10of real property, including lease purchase or lease with option to
11purchase.
12(2) “Planning” includes studies, suitability reports,
13environmental review, program management, and master planning.
14Services to deliver “planning” shall be considered “architectural
15and engineering services” as that term is used in Section 4529.10.
16(3) “State project” means any planning, acquisition, design, or
17construction undertaken pursuant to this article and may include
18associated infrastructure,
parking, landscaping, and other ancillary
19components, including furnishings and equipment instrumental to
20the use of a building. “State project” does not include work done
21to the State Capitol or an office building utilized by or under the
22control of the Legislature, including work done pursuant to Article
235.2 (commencing with Section 9112) of Chapter 1.5 of Part 1 of
24Division 2.
25(b) It is the intent of the Legislature that any state project
26authorized pursuant to this article incorporate elements
27complementary to the community in which it is sited, as well as
28elements that promote efficiency and sustainability.
(a) (1) The State Project Infrastructure Fund is hereby
30established in the State Treasury.
31(2) Notwithstanding Section 13340, the fund is continuously
32appropriated to the department, without regard to fiscal years, for
33the following purposes:
34(A) Subject to authorization as provided in this article, for state
35projects pursuant to this article.
36(B) To cover the costs of the report required by Section 9112.
37(C) (i) For transfer to the Operating Funds of the Assembly
38and Senate, to be used for the capital outlay
projects specified in
39Article 5.2 (commencing with Section 9112) of Chapter 1.5 of
40Part 1 of Division 2.
P118 1(ii) Upon direction of the Director of Finance, the Controller
2shall transfer from the fund to the Operating Funds of the Assembly
3and the Senate an amount that is consistent with the budget amount
4specified in the report required by Section 9112.
5(b) Notwithstanding any other law, the Controller may use the
6funds in the State Project Infrastructure Fund for cashflow loans
7to the General Fund as provided in Sections 16310 and 16381.
8(c) The moneys in this fund shall be exempt from statewide
9general administrative cost recovery pursuant to Article 2
10(commencing with Section 11270) of Chapter 3 of Part 1.
11(d) Any lease entered into pursuant to this
article is subject to
12the approval of the Department of Finance and any applicable
13notification required by subdivision (d) of Section 14694.
(a) Any state project authorized pursuant to this article
15shall be funded in whole or in part by the State Project
16Infrastructure Fund.
17(b) Any state project authorized pursuant to this article shall be
18subject to approval and administrative oversight by the Department
19of Finance and the State Public Works Board, including, but not
20limited to, notice requirements for changes to the cost and scope
21of the state project as described in Sections 13332.11 and 13332.19,
22as applicable.
(a) Prior to the development of the project scope, cost,
24and delivery method of a state project pursuant to subdivision (b),
25the department, upon approval by the Department of Finance, may
26utilize moneys in the State Project Infrastructure Fund for planning.
27(b) The State Public Works Board shall establish the scope,
28cost, and delivery method for each state project.
29(c) The Department of Finance, on behalf of the department,
30shall notify the Joint Legislative Budget Committee as follows:
31(1) At least 20 days prior to an expenditure of funds for any
32planning activity pursuant to subdivision (b). The notice required
33by
this paragraph shall include the purpose of the planning activity
34and estimates of the costs.
35(2) Except as provided in Section 14695, at least 60 days prior
36to the establishment of the scope, cost, and delivery method of a
37state project pursuant to subdivision (b). The notice required by
38this paragraph shall have the same level of detail as a capital outlay
39budget change proposal and describe the scope, budget, delivery
P119 1method, expected tenants, and schedule for any space to be
2constructed or renovated as part of that state project.
3(3) At least 30 days prior to the State Public Works Board
4approval of the design of a state project, pursuant to Section
513332.11 or 13332.19, as applicable. The notice required by this
6paragraph shall include updated estimates of the project’s cost and
7schedule.
8(4) At least 30 days
prior to entering into a contract or a lease
9arrangement for a state project that includes construction. The
10notice required by this paragraph shall include updated estimates
11of the project’s cost and schedule. A state project delivered by
12lease pursuant to this paragraph shall be exempt from Section
1313332.10.
(a) Notwithstanding Section 14694, with respect to the
15state projects specified in subdivision (b), the Department of
16Finance, on behalf of the department, shall notify the Joint
17Legislative Budget Committee at least 45 days prior to the
18establishment of the scope, cost, and delivery method of the state
19project pursuant to subdivision (b) of Section 14694. The notice
20required by this section shall have the same level of detail as a
21capital outlay budget change proposal and describe the scope,
22budget, delivery method, expected tenants, and schedule for any
23space to be constructed or renovated as part of that state project.
24(b) This section shall only apply to a state project that is
25comprised solely of either of the following:
26(1) Replacement of the office building that is, as of the effective
27date of the act adding this section, used by the Natural Resources
28Agency.
29(2) Construction of an office building located on “O” Street in
30the City of Sacramento that is currently under consideration as of
31the effective date of the act adding this section.
(a) The department shall submit, on a quarterly basis,
33a report on the status of each state project established by the State
34Public Works Board pursuant to Section 14694 to the Joint
35Legislative Budget Committee and to the chairpersons of the Senate
36Committee on Budget and Fiscal Review and the Assembly
37Committee on Budget. The report shall also include the amount
38of expenditures made from the State Project Infrastructure Fund
39for any state project authorized under this article.
P120 1(b) A report submitted pursuant to subdivision (a) shall be
2submitted in compliance with Section 9795.
The State Public Works Board shall not be deemed a
4lead or responsible agency for purposes of the California
5Environmental Quality Act (Division 13 (commencing with Section
621000) of the Public Resources Code) for any activities under this
7article. This section is declarative of existing law.
Section 15202 of the Government Code is amended
9to read:
(a) A county that is responsible for the cost of a trial
11or trials or any hearing of a person for the offense of homicide
12may apply to the Controller for reimbursement of the costs incurred
13by the county in excess of the amount of money derived by the
14county from a tax of 0.0125 of 1 percent of the full value of
15property assessed for purposes of taxation within the county.
16(b) The formula in this section shall apply to any homicide trial
17in which the commission of the crime occurred on or after January
181, 2005. Homicide trials for which the crime was committed before
19January 1, 2005, shall qualify under the reimbursement statute in
20effect before that date.
21(c) The Controller shall not reimburse any county for costs that
22exceed the Department of General Services’ standards for travel
23and per diem expenses. The Controller may reimburse
24extraordinary costs in unusual cases if the county provides
25sufficient justification of the need for these expenditures. Nothing
26in this section shall permit the reimbursement of costs for travel
27in excess of 1,000 miles on any single round trip, without the prior
28approval of the Attorney General.
29(d) Reimbursement funds appropriated pursuant to this section
30are available for three fiscal years from the date of the
31appropriation. After three fiscal years, any unused funds shall
32revert back to the General Fund.
Section 16302.1 of the Government Code is amended
34to read:
(a) Whenever any person pays to any state agency
36pursuant to law an amount covering taxes, penalties, interest,
37license, or other fees, or any other payment, and it is subsequently
38determined by the state agency responsible for the collection
39thereof that this amount includes an overpayment of ten dollars
40($10) or less of the amount due the state pursuant to the assessment,
P121 1levy, or charge to which the payment is applicable, the amount of
2the overpayment may be disposed of in either of the following
3ways:
4(1) The state agency responsible for the collection to which the
5overpayment relates may apply the amount of the overpayment as
6a payment by the person on any other taxes, penalties, interest,
7license, or other fees, or
any other amount due the state from that
8person if the state agency is responsible by law for the collection
9to which the overpayment is to be applied as a payment.
10(2) Upon written request of the state agency responsible for the
11collection to which the overpayment relates, the amount of the
12overpayment shall, on order of the Controller, be deposited as
13revenue in the fund in the State Treasury into which the collection,
14exclusive of overpayments, is required by law to be deposited.
15(b) The Department of General Services may adopt rules and
16regulations to permit state agencies to retain these overpayments
17where a demand for refund permitted by law is not made within
18six months after the refund becomes due, and the retained
19overpayments shall belong to the state.
20(c) Except as provided in subdivision (b), this section
shall not
21affect the right of any person making overpayment of any amount
22to the state to make a claim for refund of the overpayment, nor the
23authority of any state agency or official to make payment of any
24amount so claimed, if otherwise authorized by law.
Section 16304.6 of the Government Code is amended
26to read:
Within the time during which the appropriation is
28available for expenditure, the Department of General Services at
29the request of the director of the department concerned and with
30the approval of the Director of Finance, may authorize that
31unneeded funds in any appropriation for the support of an
32institution, school, or college or for family care or private home
33care or for parole supervision activities within any of the following
34departments shall be available and be deemed appropriated for the
35support of any institution, school, or college or for family care or
36private home care or for parole supervision activities within the
37same department:
38(a) Department of Corrections and Rehabilitation.
39(b) Department of the Youth Authority.
40(c) State Department of Education.
P122 1(d) State Department of State Hospitals.
Section 16383 of the Government Code is amended
3to read:
Warrants may be drawn by the Controller against the
5General Cash Revolving Fund, to the extent of the amounts
6available, in accordance with demands audited pursuant to law
7and rules and regulations prescribed from time to time by the
8Department of General Services, and also to meet other payments
9provided by law to be made from the General Fund. The Treasurer
10may pay from the General Cash Revolving Fund the warrants so
11drawn.
Section 16431 of the Government Code is amended
13to read:
(a) Notwithstanding any other provisions of this code,
15funds held by the state, pursuant to a written agreement between
16the state and employees of the state to defer a portion of the
17compensation otherwise receivable by the state’s employees and
18pursuant to a plan for that deferral as adopted by the state and
19approved by the Department of General Services, may be invested
20in the types of investments set forth in Sections 53601 and 53602
21and may additionally be invested in corporate stocks, bonds, and
22securities, mutual funds, savings and loan accounts, credit union
23accounts, annuities, mortgages, deeds of trust, or other security
24interests in real or personal property. Nothing in this section shall
25be construed to permit any type of investment prohibited by the
26California Constitution.
27(b) Deferred compensation funds are public pension or
28retirement funds for the purposes of Section 17 of Article XVI of
29the California Constitution.
Section 17051.5 of the Government Code is amended
31to read:
A state agency shall notify the Treasurer not to pay
33a warrant drawn by the Controller upon that agency’s request
34whenever that agency has reason to believe that the Controller has
35drawn or is about to draw his or her warrant without legal authority,
36for a larger amount than is owed by the state, or in a manner not
37in conformity with the regulations adopted by the Department of
38General Services for the presentation and audit of claims. Upon
39notification from a state agency as described in this section, the
P123 1Treasurer shall refuse payment of the subject warrant until he or
2she is otherwise directed by the agency or the Legislature.
Section 17201 of the Government Code is amended
4to read:
The Department of General Services may make rules
6and regulations governing the issuance and sale of registered
7warrants.
Section 17518.5 of the Government Code is amended
9to read:
(a) “Reasonable reimbursement methodology” means
11a formula for reimbursing local agencies and school districts for
12costs mandated by the state, as defined in Section 17514.
13(b) A reasonable reimbursement methodology shall be based
14on cost information from a representative sample of eligible
15claimants, information provided by associations of local agencies
16and school districts, or other projections of local costs.
17(c) A reasonable reimbursement methodology shall consider
18the variation in costs among local agencies and school districts to
19implement the mandate in a cost-efficient manner.
20(d) Whenever possible, a reasonable reimbursement
21methodology shall be based on general allocation formulas,
22uniform cost allowances, and other approximations of local costs
23mandated by the state, rather than detailed documentation of actual
24local costs. In cases when local agencies and school districts are
25projected to incur costs to implement a mandate over a period of
26more than one fiscal year, the determination of a reasonable
27reimbursement methodology may consider local costs and state
28reimbursements over a period of greater than one fiscal year, but
29not exceeding 10 years.
30(e) (1) A reasonable reimbursement methodology that is based
31on, in whole or in part, costs that have been included in claims
32submitted to the Controller for reimbursement shall only use costs
33that have been audited by the Controller.
34(2) Upon receiving a reasonable
reimbursement methodology
35proposal that is based on, in whole or in part, costs that have been
36included in claims submitted to the Controller for reimbursement,
37the Commission on State Mandates shall notify the Controller
38within 30 days of receiving the proposed reasonable reimbursement
39methodology.
P124 1(3) The Controller shall select and audit a representative sample
2of the claimed costs used in the proposed reasonable reimbursement
3methodology within 360 days of being notified by the Commission
4on State Mandates.
5(4) The allowable costs reported by the Controller as a result
6of the audits shall be the costs used for the proposed reasonable
7reimbursement methodology.
8(f) A reasonable reimbursement methodology may be developed
9by any of the following:
10(1) The Department of Finance.
11(2) The Controller.
12(3) An affected state agency.
13(4) A claimant.
14(5) An interested party.
15(g) The Controller, in coordination with the Commission on
16State Mandates and Department of Finance, shall by October 1,
172018, prepare a report to the Legislature, in accordance with
18Section 9795, regarding implementation of the new reasonable
19reimbursement process.
20(h) The appropriate policy committees in each house of the
21Legislature shall hold hearings on the report referenced in
22subdivision (g).
23(i) This
section shall remain in effect only until July 1, 2019,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before July 1, 2019, deletes or extends that date.
Section 17518.5 is added to the Government Code,
27to read:
(a) “Reasonable reimbursement methodology” means
29a formula for reimbursing local agencies and school districts for
30costs mandated by the state, as defined in Section 17514.
31(b) A reasonable reimbursement methodology shall be based
32on cost information from a representative sample of eligible
33claimants, information provided by associations of local agencies
34and school districts, or other projections of local costs.
35(c) A reasonable reimbursement methodology shall consider
36the variation in costs among local agencies and school districts to
37implement the
mandate in a cost-efficient manner.
38(d) Whenever possible, a reasonable reimbursement
39methodology shall be based on general allocation formulas,
40uniform cost allowances, and other approximations of local costs
P125 1mandated by the state, rather than detailed documentation of actual
2local costs. In cases when local agencies and school districts are
3projected to incur costs to implement a mandate over a period of
4more than one fiscal year, the determination of a reasonable
5reimbursement methodology may consider local costs and state
6reimbursements over a period of greater than one fiscal year, but
7not exceeding 10 years.
8(e) A reasonable reimbursement methodology may be developed
9by any of the following:
10(1) The Department of Finance.
11(2) The Controller.
12(3) An affected state agency.
13(4) A claimant.
14(5) An interested party.
15(f) This section shall become operative on July 1, 2019.
16(Amended by Stats. 2007, Ch. 329, Sec. 1. Effective January 1,
172008.)
Section 18708 of the Government Code is amended
19to read:
The board shall cooperate with the Director of Finance,
21the Department of Human Resources, the Controller, and other
22state agencies in matters not covered by this part and not
23inconsistent with this part to promote the efficient and economical
24administration of the state’s business.
Section 19815.4 of the Government Code is amended
26to read:
The director shall do all of the following:
28(a) Be responsible for the management of the department.
29(b) Administer and enforce the laws pertaining to personnel.
30(c) Observe and report to the Governor on the conditions of the
31nonmerit aspects of personnel.
32(d) Formulate, adopt, amend, or repeal rules, regulations, and
33general policies affecting the purposes, responsibilities, and
34jurisdiction of the department and that are consistent with the law
35and necessary for personnel administration.
36All regulations
relating to personnel administration heretofore
37adopted pursuant to this part by the State Personnel Board,
38California Victim Compensation Board, the Department of General
39Services, and the Department of Finance, and in effect on the
40operative date of this part, shall remain in effect and shall be fully
P126 1enforceable unless and until readopted, amended, or repealed by
2the director.
3(e) Hold hearings, subpoena witnesses, administer oaths, and
4conduct investigations concerning all matters relating to the
5department’s jurisdiction.
6(f) Act on behalf of the department and delegate powers to any
7authorized representative.
8(g) Serve as the Governor’s designated representative pursuant
9to Section 3517.
10(h) Perform any other duties that may be prescribed by law,
and
11any other administrative and executive duties that have by other
12provisions of law been previously imposed.
Section 20163 of the Government Code is amended
14to read:
(a) If more or less than the correct amount of
16contribution required of members, the state, or any contracting
17agency, is paid, proper adjustment shall be made in connection
18with subsequent payments, or the adjustments may be made by
19direct cash payments between the member, state, or contracting
20agency concerned and the board or by adjustment of the employer’s
21rate of contribution. Adjustments to correct any other errors in
22payments to or by the board, including adjustments of
23contributions, with interest, that are found to be erroneous as the
24result of corrections of dates of birth, may be made in the same
25manner. Adjustments to correct overpayment of a retirement
26allowance may also be made by adjusting the allowance so that
27the retired person or the retired person and his or her
beneficiary,
28as the case may be, will receive the actuarial equivalent of the
29allowance to which the member is entitled. Losses or gains
30resulting from error in amounts within the limits set by the
31Department of General Services for automatic writeoff, and losses
32or gains in greater amounts specifically approved for writeoff by
33the Department of General Services, shall be debited or credited,
34as the case may be, to the reserve against deficiencies in interest
35earned in other years, losses under investments, and other
36contingencies.
37(b) No adjustment shall be made because less than the correct
38amount of normal contributions was paid by a member if the board
39finds that the error was not known to the member and was not the
40result of erroneous information provided by him or her to this
P127 1system or to his or her employer. The failure to adjust shall not
2preclude action under Section 20160 correcting the date upon
3which the person became a member.
4(c) The actuarial equivalent under this section shall be computed
5on the basis of the mortality tables and actuarial interest rate in
6effect under this system on December 1, 1970, for retirements
7effective through December 31, 1979. Commencing with
8retirements effective January 1, 1980, and at corresponding 10-year
9intervals thereafter, or more frequently at the board’s discretion,
10the board shall change the basis for calculating actuarial equivalents
11under this article to agree with the interest rate and mortality tables
12in effect at the commencement of each 10-year or succeeding
13interval.
Section 21223 of the Government Code is amended
15to read:
A retired person may serve without reinstatement from
17retirement or loss or interruption of benefits provided under this
18system upon approval of the Director of Human Resources or the
19governing body of a contracting agency, as the case may be, under
20employment by any state or contracting agency in which he or she
21previously served while a member of this system, where by reason
22of actual litigation, or a proceeding before the Department of
23General Services or the governing body of a contracting agency,
24as the case may be, or where the state or contracting agency desires
25to perpetuate testimony in connection with any anticipated litigation
26involving the state or contracting agency, and adverse interests,
27the services of the person are or may be necessary in preparing for
28trial or in testifying as to matters within or based upon his or her
29knowledge
acquired while employed. He or she may be paid a per
30diem and actual and necessary traveling expenses, but he or she
31shall not be paid at a greater rate of compensation per diem than
32the rate ordinarily paid other persons by state agencies or the
33contracting agency for similar services. However, there shall be
34deducted from the per diem compensation sums equal to the
35retirement annuity allocable to the days of actual employment
36under this section.
Section 21265 of the Government Code is amended
38to read:
Retired members of this system, and beneficiaries who
40are entitled to receive allowances or benefits under this part, may
P128 1authorize deductions to be made from their retirement allowance
2payments or from the allowances and benefits, respectively, or
3from either or both when both are being received in accordance
4with regulations established by the board for the payment of
5charitable contributions under any plan approved by the board. In
6lieu of approving individual plans, the board, at its discretion, may
7adopt by reference those plans approved by the Department of
8General Services under Section 13923. The board shall determine
9the additional cost involved in making deductions under this
10section, and the agency to receive the contributions shall pay the
11amount of the additional cost to the board for deposit in
the
12retirement fund.
Section 22910 of the Government Code is amended
14to read:
(a) There shall be maintained in the State Treasury the
16Public Employees’ Contingency Reserve Fund. The board may
17invest funds in the Public Employees’ Contingency Reserve Fund
18in accordance with the law governing its investment of the
19retirement fund.
20(b) (1) An account shall be maintained within the Public
21Employees’ Contingency Reserve Fund with respect to the health
22benefit plans the board has approved or that have entered into a
23contract with the board. The account shall be credited, from time
24to time and in amounts as determined by the board, with moneys
25contributed under Section 22885 or 22901 to provide an adequate
26contingency reserve. The income derived from any dividends, rate
27adjustments, or other funds received from a health benefit
plan
28shall be credited to the account. The board may deposit, in the
29same manner as provided in paragraph (4), up to one-half of 1
30percent of premiums in the account for purposes of cost
31containment programs, subject to approval as provided in paragraph
32(2) of subdivision (c).
33(2) The account for health benefit plans may be utilized to defray
34increases in future rates, to reduce the contributions of employees
35and annuitants and employers, to implement cost containment
36programs, or to increase the benefits provided by a health benefit
37plan, as determined by the board. The board may use penalties and
38interest deposited pursuant to subdivision (c) of Section 22899 to
39pay any difference between the adjusted rate set by the board
P129 1pursuant to Section 22864 and the applicable health benefit plan
2contract rates.
3(3) The total credited to the account for health benefit plans at
4any time
shall be limited, in the manner and to the extent the board
5may find to be most practical, to a maximum of 10 percent of the
6total of the contributions of the employers and employees and
7annuitants in any fiscal year. The board may undertake any action
8to ensure that the maximum amount prescribed for the fund is
9approximately maintained.
10(4) Board rules and regulations adopted pursuant to Section
1122831 to minimize the impact of adverse selection or contracts
12entered into pursuant to Section 22864 to implement health benefit
13plan performance incentives may provide for deposit in and
14disbursement to carriers or to Medicare from the account the
15portion of the contributions otherwise payable directly to the
16carriers by the Controller under Section 22913 as may be required
17for that purpose. The deposits shall not be included in applying
18the limitations, prescribed in paragraph (3), on total amounts that
19may be deposited in or credited to the
fund.
20(5) Notwithstanding Section 13340, all moneys in the account
21for health benefit plans are continuously appropriated without
22regard to fiscal year for the purposes provided in this subdivision.
23(c) (1) An account shall also be maintained in the Public
24Employees’ Contingency Reserve Fund for administrative expenses
25consisting of funds deposited for this purpose pursuant to Sections
2622885 and 22901.
27(2) The moneys deposited pursuant to Sections 22885 and 22901
28in the Public Employees’ Contingency Reserve Fund may be
29expended by the board for administrative purposes, provided that
30the expenditure is approved in the annual Budget Act.
31(d) An account shall be maintained in the Public Employees’
32Contingency Reserve Fund for the
contributions required pursuant
33to Section 22870. Notwithstanding Section 13340, the funds are
34continuously appropriated, without regard to fiscal year, for the
35payment of premiums or other charges to carriers or the Public
36Employees’ Health Care Fund. This subdivision shall not apply
37to state administrative costs, which shall continue to be subject to
38Section 13340.
39(e) An account shall be maintained in the Public Employees’
40Contingency Reserve Fund for the contributions required pursuant
P130 1to Section 22890 and for payments made pursuant to subdivision
2(f) of Section 22850. Notwithstanding Section 13340, the funds
3are continuously appropriated, without regard to fiscal year, for
4the payment of premiums or other charges to carriers or the Public
5Employees’ Health Care Fund. Penalties and interest paid pursuant
6to subdivision (c) of Section 22899 shall be deposited in the
7account pursuant to paragraphs (1) and (2) of subdivision (b).
8(f) Accounts shall be maintained in the Public Employees’
9Contingency Reserve Fund for complementary annuitant premiums
10and related administrative expenses paid by annuitants pursuant
11to Section 22802. Notwithstanding Section 13340, the funds are
12continuously appropriated, without regard to fiscal year, to
13reimburse the Public Employees’ Retirement Fund, the Judges’
14Retirement Fund, the Judges’ Retirement Fund II, and the
15Legislators’ Retirement Fund, as applicable, for payment of
16annuitant health premiums, and for the payment of premiums and
17other charges to carriers or to the Public Employees’ Health Care
18Fund. Administrative expenses deposited in this account shall be
19credited to the account provided by subdivision (c).
20(g) Amounts received by the board for retiree drug subsidy
21payments that are attributed to contracting agencies and their
22annuitants and employees pursuant to
subdivision (c) of Section
2322910.5 shall be deposited in the Public Employees’ Contingency
24Reserve Fund. Notwithstanding Section 13340, these amounts are
25continuously appropriated, without regard to fiscal year, for the
26payment of premiums, costs, contributions, or other benefits related
27to contracting agencies and their employees and annuitants, and
28as consistent with the Medicare Prescription Drug Improvement
29and Modernization Act, as amended.
30(h) The Account for Retiree Drug Subsidy Payments is hereby
31established in the Public Employees’ Contingency Reserve Fund
32and funds in that account shall, upon appropriation by the
33Legislature, be used for the purposes described in Section 22910.5.
34(i) Notwithstanding any other law, the Controller may use the
35moneys in the Public Employees’ Contingency Reserve Fund for
36loans to the General Fund as provided in Sections 16310 and
3716381.
However, interest shall be paid on all moneys loaned to
38the General Fund from the Public Employees’ Contingency Reserve
39Fund. Interest payable shall be computed at a rate determined by
40the Pooled Money Investment Board to be the current earning rate
P131 1of the fund from which loaned. This subdivision does not authorize
2any transfer that will interfere with the carrying out of the object
3for which the Public Employees’ Contingency Reserve Fund was
4created.
Section 22911 of the Government Code is amended
6to read:
(a) There shall be maintained in the State Treasury the
8Public Employees’ Health Care Fund to fund the health benefit
9plans administered or approved by the board. The board may invest
10funds in the Public Employees’ Health Care Fund in accordance
11with the provisions of law governing its investment of the
12retirement fund.
13(b) The Public Employees’ Health Care Fund shall consist of
14the following:
15(1) Any self-funded or minimum premium plan premiums paid
16by contracting agencies, the state and enrolled employees,
17annuitants, and family members, including premiums paid directly
18for continuation coverage authorized under the Consolidated
19Omnibus Budget Reconciliation Act, and as authorized by this
20part.
21(2) Any reserve moneys from terminated health benefit plans
22designated by the board.
23(3) Any moneys from a health benefit plan for risk adjustment
24pursuant to Section 22864.
25(c) Income earned on the Public Employees’ Health Care Fund
26shall be credited to the fund.
27(d) Notwithstanding Section 13340, the Public Employees’
28Health Care Fund is continuously appropriated, without regard to
29fiscal years, to pay benefits and claims costs for self-funded or
30minimum premium health benefit plans, and refunds to those who
31made direct premium payments.
32(e) The moneys deposited in the Public Employees’ Health Care
33Fund may be expended by the board for administrative purposes
34provided that the expenditure
is approved in the annual Budget
35Act.
36(f) The Legislature finds and declares that the Public Employees’
37Health Care Fund is a trust fund held for the exclusive benefit of
38enrolled employees, annuitants, family members, the self-funded
39plan administrator, and those contracting to provide medical and
40hospital care services.
P132 1(g) Notwithstanding subdivisions (d) and (f), the board may use
2reserves generated by one or more self-funded health benefit plans
3for risk adjustment programs and procedures pursuant to paragraph
4(3) of subdivision (f) of Section 22850 and paragraph (5) of
5subdivision (b) of Section 22864.
Section 26749 of the Government Code is amended
7to read:
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 the Department of General Services and paid by the
18state.
Section 68503 of the Government Code is amended
20to read:
Members of committees appointed pursuant to Section
2268501 shall receive no compensation from the state for their
23services. When called into session by the Chairperson of the
24Judicial Council, members shall receive their actual and necessary
25expenses for travel, board, and lodging, which shall be paid from
26the funds appropriated to the use of the council. These expenses
27shall be approved in the manner that the council directs, and shall
28be audited by the Controller in accordance with the rules of the
29Department of General Services.
Section 68506 of the Government Code is amended
31to read:
All salaries and expenses incurred by the council
33pursuant to this article, including the necessary expenses for travel,
34board, and lodging of the members of the council and its officers,
35assistants, and other employees incurred in the performance of the
36duties and business of the council, shall be paid from the funds
37appropriated for the use of the council. The salaries and expenses
38shall be approved in the manner that the council directs, and shall
39be audited by the Controller in accordance with the rules of the
40Department of General Services.
Section 68543 of the Government Code is amended
2to read:
The extra compensation and expenses for travel, board,
4and lodging of judges sitting in the Supreme Court and courts of
5appeal under assignments made by the Chairperson of the Judicial
6Council shall be paid by the state under the rules adopted by the
7Department of General Services that are applicable to officers of
8the state provided for in Article VI of the California Constitution
9while traveling on official state business.
Section 68543.5 of the Government Code is amended
11to read:
(a) Whenever a judge who has retired under the
13Judges’ Retirement System or the Judges’ Retirement System II
14is assigned to serve in a court of record, the state shall pay the
15judge for each day of service in the court in the amount specified
16in Section 68543.7, without loss or interruption of retirement
17benefits, unless the judge waives compensation under this section.
18Whenever a retired judge of a justice court who is not a member
19of the Judges’ Retirement System nor the Judges’ Retirement
20System II is assigned to serve in a court of record, the state shall
21pay the judge for each day of service in the court in the amount
22specified in Section 68543.7, or the compensation specified in
23Section 68541, whichever is greater. The compensation shall be
24paid by the Judicial Council out of any
appropriation for extra
25compensation of judges assigned by the Chairperson of the Judicial
26Council.
27(b) If a judge who has retired under the Judges’ Retirement
28System or the Judges’ Retirement System II is assigned to serve
29in a court of record, the 8-percent difference between the
30compensation of the retired judge while so assigned and the
31compensation of a judge of the court to which the retired judge is
32assigned shall be paid to the Judges’ Retirement Fund or the
33Judges’ Retirement System II Fund, as applicable.
34(c) During the period of assignment, a retired judge shall be
35allowed expenses for travel, board, and lodging incurred in the
36discharge of the assignment. When assigned to sit in the county
37in which he or she resides, the judge shall be allowed expenses for
38travel and board incurred in the discharge of the assignment. The
39expenses for travel, board, and lodging shall be
paid by the state
40under the rules adopted by the Department of General Services
P134 1that are applicable to officers of the state provided for in Article
2VI of the California Constitution while traveling on official state
3business.
4(d) Notwithstanding subdivisions (a), (b), and (c) pertaining to
5compensation, a retired judge on senior judge status shall receive
6compensation from the state as provided in Sections 75028 and
775028.2, and shall be allowed expenses for travel, board, and
8lodging incurred in the discharge of the assignment as provided
9in this section.
Section 68543.8 of the Government Code is amended
11to read:
(a) The Legislature finds that there is a shortage of
13judicial officers available to provide temporary assistance to courts
14in rural counties, under assignment by the chief justice. When
15courts are unable to obtain temporary assistance, delay of both
16civil trials and case settlements occur. The availability of an
17assigned judge can substantially reduce these delays. The purpose
18of this section is to make judicial assistance more available.
19(b) The Judicial Council shall contract with up to 10 retired
20judges who shall be available to be assigned up to 110 court days
21each year by the Chairperson of the Judicial Council to courts in
22counties that have requested these judges for purposes of reducing
23delays in civil trials in
those courts. If counties request more than
2410 retired judges pursuant to this section, the Judicial Council shall
25give priority in assigning the retired judges to counties with fewer
26than 10 judges.
27A judge under contract pursuant to this section shall serve as
28assigned during the period of the contract and waives any right to
29refuse assignment as otherwise provided by law. This section shall
30not be construed to limit the authority of the Chief Justice to make
31assignments to expedite judicial business and to equalize the
32workload of judges.
33(c) Notwithstanding Section 68543.5, each judge under contract
34pursuant to this section shall receive one-half of the daily salary
35of a superior court judge for each day of service, in addition to any
36retirement benefits to which the judge may be entitled.
37(d) The assigned judge’s salary shall be paid
by the state. A
38retired judge under contract pursuant to this section shall be
39allowed expenses for travel, board, and lodging incurred in the
40discharge of each assignment. When assigned to sit in the county
P135 1in which he or she resides, the judge shall be allowed necessary
2and reasonable expenses for travel and board incurred in the
3discharge of the assignment. The expenses for travel, board, and
4lodging shall be paid by the state under the rules adopted by the
5Department of General Services that are applicable to officers of
6the state provided for in Article VI of the California Constitution
7while traveling on official state business.
Section 68565 of the Government Code is amended
9to read:
(a) The Judicial Council may establish a court
11interpreters advisory panel to assist the council in performing its
12duties under this article. The panel shall include a majority of court
13interpreters and may include judges and court administrators,
14members of the bar, and others interested in interpreter services
15in the courts. The panel shall develop operating guidelines and
16procedures for Judicial Council approval.
17(b) The panel shall seek the advice of judges, attorneys, court
18administrators, court interpreters, providers of legal services, and
19individuals and organizations representing the interests of foreign
20language users.
21(c) Panel members shall receive
no compensation for their
22services but shall be allowed necessary expenses for travel, board,
23and lodging incurred in the discharge of their duties under the rules
24adopted by the Department of General Services.
Section 1492 of the Health and Safety Code is
26amended to read:
A county hospital shall provide persons examined or
28treated in connection with rape or other sexual assaults with
29information regarding assistance which may be provided pursuant
30to Article 1 (commencing with Section 13959) of Chapter 5 of
31Part 4 of Division 3 of Title 2 of the Government Code, together
32with forms made available by the California Victim Compensation
33Board for filing of claims thereunder.
Section 11502 of the Health and Safety Code is
35amended to read:
(a) All moneys, forfeited bail, or fines received by any
37court under this division shall as soon as practicable after the
38receipt thereof be deposited with the county treasurer of the county
39in which the court is situated. Amounts so deposited shall be paid
40at least once a month as follows: 75 percent to the State Treasurer
P136 1by warrant of the county auditor drawn upon the requisition of the
2clerk or judge of the court to be deposited in the State Treasury
3on order of the Controller; and 25 percent to the city treasurer of
4the city, if the offense occurred in a city, otherwise to the treasurer
5of the county in which the prosecution is conducted.
6(b) Any money deposited in the State Treasury under this section
7that is determined
by the Controller to have been erroneously
8deposited therein shall be refunded by him or her out of any
9moneys in the State Treasury that are available by law for that
10purpose.
Section 13052 of the Health and Safety Code is
12amended to read:
(a) The public entity rendering the service may present
14a claim to the public entity liable therefor. If the claim is approved
15by the head of the fire department, if any, in the public entity to
16which the claim is presented, and by its governing body, it shall
17be paid in the same manner as other charges and if the claim is not
18paid, an action may be brought for its collection.
19(b) Notwithstanding any other provision of this section, any
20claims against the state shall be presented to the Department of
21General Services in accordance with Part 3 (commencing with
22Section 900) and Part 4 (commencing with Section 940) of Division
233.6 of Title 1 of the Government Code.
Section 25370 of the Health and Safety Code is
25repealed.
Section 25372 of the Health and Safety Code is
27amended to read:
Any person may apply to the Department of General
29Services pursuant to Section 25373, for compensation of a loss
30caused by the release, in California, of a hazardous substance if
31any of the following conditions are met:
32(a) The source of the release of the hazardous substance, or the
33identity of the party liable for damages in connection therewith or
34responsible for the costs of removal of the hazardous substance,
35is unknown or cannot, with reasonable diligence, be determined.
36(b) The loss was not compensable pursuant to law, including
37Chapter 6.5 (commencing with Section 25100), because there is
38no liable party or the judgment could not be satisfied, in whole or
39part, against the
party determined to be liable for the release of the
40hazardous substance.
P137 1(c) The person has presented a written demand for
2compensation, which sets forth the basis for the claim, to the party
3which the person reasonably believes is liable for a loss specified
4in paragraph (1) of subdivision (a) of Section 25375 which was
5incurred by that person and is compensable pursuant to this article,
6the person has presented the Department of General Services with
7a copy of the demand, and, within 60 days after presenting the
8demand, the party has either rejected, in whole or in part, the
9demand to be compensated for a loss specified in paragraph (1) of
10subdivision (a) of Section 25375, or has not responded to the
11demand. Only losses specified in paragraph (1) of subdivision (a)
12of Section 25375 are compensable under a claim filed pursuant to
13this subdivision.
Section 25373 of the Health and Safety Code is
15amended to read:
The Department of General Services shall prescribe
17appropriate forms and procedures for claims filed pursuant to this
18article, which shall include, as a minimum, all of the following:
19(a) A provision requiring the claimant to make a sworn
20verification of the claim to the best of his or her knowledge.
21(b) A full description, supported by appropriate evidence from
22government agencies of the release of the hazardous substance
23claimed to be the cause of the physical injury or illness or loss of
24income.
25(c) Certification by the claimant of dates and places of residence
26for the five years preceding the date of the
claim.
27(d) Certification of the medical history of the claimant for the
28five years preceding the date of the claim, along with certification
29of the alleged physical injury or illness and expenses for the
30physical injury or illness. The certification shall be made by
31hospitals, physicians, or other qualified medical authorities.
32(e) The claimant’s income as reported on the claimant’s federal
33income tax return for the preceding three years in order to compute
34lost wages or income.
35(f) Any person who knowingly gives, or causes to be given,
36any false information as a part of any such claim shall be guilty
37of a misdemeanor and shall, upon conviction, be fined up to five
38thousand dollars ($5,000), or imprisoned for not more than one
39year, or both.
Section 25374 of the Health and Safety Code is
2amended to read:
All decisions rendered by the Department of General
4Services shall be in writing, with notification to all appropriate
5parties, and shall be rendered within 90 days of submission of a
6claim to the Department of General Services unless all the parties
7to the claim agree in writing to an extension of time. The decision
8shall be considered a final agency action for the purposes of judicial
9review of the decision by any party to the proceedings resulting
10in the decision.
Section 25375 of the Health and Safety Code is
12amended to read:
(a) If the Department of General Services makes the
14determination, specified in subdivision (b), that losses resulted
15from the claimant’s damages, injury, or disease, only the following
16losses are compensable pursuant to this article:
17(1) One hundred percent of uninsured, out-of-pocket medical
18expenses, for up to three years from the onset of treatment.
19(2) Eighty percent of any uninsured, actual lost wages, or
20business income in lieu of wages, caused by injury to the claimant
21or the claimant’s property, not to exceed fifteen thousand dollars
22($15,000) per year for three years.
23(3) One hundred
percent of uninsured, out-of-pocket expenses
24for remedial action on the claimant’s property undertaken to
25address a release of a hazardous substance when all of the following
26apply:
27(A) The claimant’s property is an owner-occupied single-family
28residence.
29(B) The remedial action was ordered by federal, state, or local
30authorities due to a release of a hazardous substance.
31(C) The department makes one of the following determinations:
32(i) The release of the hazardous substance originated outside
33the boundaries of the property.
34(ii) The release of the hazardous substance occurred on the
35property, was the result of an action which violated state or federal
36law, and the responsible party cannot
be identified or cannot be
37located, or a judgment against the responsible party cannot be
38satisfied.
39The maximum compensation under this paragraph is limited to
40twenty-five thousand dollars ($25,000) per residence and to one
P139 1hundred thousand dollars ($100,000) for five contiguous residential
2properties. Any compensation provided shall be reduced by the
3amount that the remedial action results in a capital improvement
4to the claimant’s residence.
5(4) One hundred percent of the fair market value of
6owner-occupied real property that is rendered permanently unfit
7for occupancy because of the release of a hazardous substance.
8For purposes of this paragraph, real property is rendered
9permanently unfit for occupancy only if a state or federal agency
10requires that it be evacuated for a period of six or more months
11because of the release of a hazardous substance. The fair market
12value of the real property shall
be determined by an independent
13appraiser, and shall be considered by the independent appraiser as
14being equal to the value of the real property prior to the release of
15the hazardous substance that caused the evacuation of the property.
16Where compensation is made by the Department of General
17Services pursuant to this paragraph, sole ownership of the real
18property shall be transferred to the state and any proceeds resulting
19from the final disposition of the real property shall be deposited
20into the state account, for expenditure by the department upon
21appropriation by the Legislature. To be eligible for compensation
22pursuant to this paragraph, claims for compensation shall be made
23within 12 months of the date on which the evacuation was ordered.
24(5) One hundred percent of the expenses incurred due to the
25evacuation of a residence ordered by a state or federal agency. For
26purposes of this paragraph, “evacuation expenses” include the cost
27of
shelter and any other emergency expenditures incurred due to
28an evacuation ordered by a state or federal agency. The Department
29of General Services may provide compensation, pursuant to this
30paragraph, only if it finds that the evacuation expenses represent
31reasonable costs for the goods or services purchased, and would
32not have been incurred if an evacuation caused by a hazardous
33substance release had not occurred. The Department of General
34Services may provide compensation for these evacuation expenses
35only if they were incurred within 12 months from the date on which
36evacuation was ordered.
37(b) A loss specified in subdivision (a) is compensable if the
38Department of General Services makes all of the following
39findings, based upon a preponderance of the evidence:
40(1) A release of a hazardous substance occurred.
P140 1(2) The claimant or the claimant’s property was exposed to the
2release of the hazardous substance.
3(3) The exposure of the claimant to the release of the hazardous
4substance was of such a duration, and to such a quantity of the
5hazardous substance, that the exposure caused the damages, injury,
6or disease which resulted in the claimant’s loss.
7(4) For purposes of paragraphs (4) and (5) of subdivision (a),
8the hazardous substance release, or the order which resulted in the
9claim for compensation occurred on or after January 1, 1986.
10(5) The conditions and requirements of this article including,
11but not limited to, the conditions of Sections 25372 and 25373,
12have been met.
13(c) No money shall be used for the payment of any claim
14authorized by
this chapter, where the claim is the result of
15long-term exposure to ambient concentrations of air pollutants.
Section 25375.5 of the Health and Safety Code is
17amended to read:
(a) Except as specified in subdivision (b), the
19procedures specified in Article 8 (commencing with Section
2011435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and
21in Section 11513 of, the Government Code apply to the proceedings
22conducted by the Department of General Services pursuant to this
23article.
24(b) Notwithstanding subdivision (a), Sections 801, 802, 803,
25804, and 805 of the Evidence Code apply to the proceedings
26conducted by the Department of General Services pursuant to this
27article.
28(c) The Department of General Services may consider evidence
29presented by any person against whom a demand was made
30pursuant to subdivision (c) of Section
25372. The evidence
31presented by that person shall become a part of the record upon
32which the Department of General Services’ decision shall be based.
Section 25376 of the Health and Safety Code is
34amended to read:
No claim may be presented to the Department of
36General Services pursuant to this article later than three years from
37the date of discovery of the loss or from January 1, 1982, whichever
38is later.
Section 25377 of the Health and Safety Code is
40amended to read:
Nothing in this article shall require, or be deemed to
2require, pursuit of any claim against the Department of General
3Services as a condition precedent to any other remedy.
Section 25379 of the Health and Safety Code is
5amended to read:
(a) The following evidence is not admissible as
7evidence in any civil or criminal proceeding, including a
8subrogation action by the state pursuant to Section 25380, to
9establish the liability of any person for any damages alleged to
10have been caused by a release of a hazardous substance:
11(1) A final decision made by the Department of General Services
12pursuant to this article.
13(2) A decision made by the Department of General Services to
14admit or not admit any evidence.
15(3) Any finding of fact or conclusion of law entered by the
16Department of General Services in a proceeding for a claim
17pursuant to
this article.
18(4) The fact that any person has done any of the following in a
19proceeding for a claim pursuant to Section 25372:
20(A) Chosen to participate or appear.
21(B) Chosen not to participate or appear.
22(C) Failed to appear.
23(D) Settled or offered to settle the claim.
24(b) Subdivision (a) does not apply to any civil action or writ by
25a claimant against the Department of General Services for any act,
26decision, or failure to act on a claim submitted by the claimant.
Section 25380 of the Health and Safety Code is
28amended to read:
Compensation of any loss pursuant to this article shall
30be subject to the state’s acquiring, by subrogation, all rights of the
31claimant to recover the loss from the party determined to be liable
32therefor. Upon the request of the Department of General Services,
33the Attorney General shall commence an action in the name of the
34people of the State of California to recover any amount paid in
35compensation for any loss pursuant to this article against any party
36who is liable to the claimant for any loss compensable pursuant
37to this article in accordance with the procedures set forth in
38Sections 25360 to 25364, inclusive. Moneys recovered pursuant
39to this section shall be deposited in the state account.
Section 25381 of the Health and Safety Code is
2amended to read:
(a) The Department of General Services shall, in
4consultation with the department, adopt, and revise when
5appropriate, all rules and regulations necessary to implement this
6article, including methods that provide for establishing that a
7claimant has exercised reasonable diligence in satisfying the
8conditions specified in Sections 25372, 25373, 25375, and 25375.5,
9and regulations that specify the proof necessary to establish a loss
10compensable pursuant to this article.
11(b) Claims approved by the Department of General Services
12pursuant to this article shall be paid from the state account.
13(c) The Legislature may appropriate up to two million dollars
14($2,000,000)
annually from the state account to be used by the
15Department of General Services for the payment of awards pursuant
16to this article.
17(d) Claims against or presented to the Department of General
18Services shall not be paid in excess of the amount of money
19appropriated for this purpose from the state account. These claims
20shall be paid only when additional money is collected,
21appropriated, or otherwise added to that account.
Section 25382 of the Health and Safety Code is
23amended to read:
The Department of General Services may expend from
25the state account those sums of money as are reasonably necessary
26to administer and carry out this article.
Section 121270 of the Health and Safety Code is
28amended to read:
(a) There is hereby created the AIDS Vaccine Victims
30Compensation Fund.
31(b) For the purposes of this section, the following definitions
32apply:
33(1) “AIDS vaccine” means a vaccine that (A) has been
34developed by any manufacturer and (B) is approved by the FDA
35or the department pursuant to Part 5 (commencing with Section
36109875) of Division 104 as a safe and efficacious vaccine for the
37purpose of immunizing against AIDS.
38(2) “Damages for personal injuries” means the direct medical
39costs for the care and treatment of injuries to any person, including
40a person entitled to recover damages under Section
377 of the
P143 1Code of Civil Procedure, proximately caused by an AIDS vaccine,
2the loss of earnings caused by the injuries, and the amount
3necessary, but not to exceed five hundred fifty thousand dollars
4($550,000), to compensate for noneconomic losses, including pain
5and suffering caused by the injuries.
6(3) “Fund” means the AIDS Vaccine Victims Compensation
7Fund.
8(c) The Department of General Services shall pay from the fund,
9contingent entirely upon the availability of moneys as provided in
10subdivision (o), damages for personal injuries caused by an AIDS
11vaccine that is sold in or delivered in California, and administered
12or dispersed in California to the injured person except that no
13payment shall be made for any of the following:
14(1) Damages for personal injuries caused by the vaccine to the
15extent that they are
attributable to the comparative negligence of
16the person making the claim.
17(2) Damages for personal injuries in any instance when the
18manufacturer has been found to be liable for the injuries in a court
19of law.
20(3) Damages for personal injuries due to a vaccination
21administered during a clinical trial.
22(d) An application for payment of damages for personal injuries
23shall be made on a form prescribed by the Department of General
24Services within one year of the date that the injury and its cause
25are discovered. This application may be required to be verified.
26Upon receipt, the Department of General Services may require the
27submission of additional information necessary to evaluate the
28claim.
29(e) (1) Within 45 days of the receipt of
the application and the
30submission of any additional information, the Department of
31General Services shall do either of the following:
32(A) Allow the claim in whole or part.
33(B) Disallow the claim.
34(2) In those instances of unusual hardship to the victim, the
35board may grant an emergency award to the injured person to cover
36immediate needs upon agreement by the injured person to repay
37in the event of a final determination denying the claim.
38(3) If the claim is denied in whole or part, the victim may apply
39within 60 days of denial for a hearing. The hearing shall be held
P144 1within 60 days of the request for a hearing unless the injured person
2requests a later hearing.
3(f) At the hearing, the
injured person may be represented by
4counsel and may present relevant evidence as defined in
5subdivision (c) of Section 11513 of the Government Code. The
6Department of General Services may consider additional evidence
7presented by its staff. If the injured person declines to appear at
8the hearing, the Department of General Services may act solely
9upon the application, the staff report, and other evidence that
10appears on the record.
11(g) The Department of General Services may delegate the
12hearing of applications to hearing examiners.
13(h) The decision of the Department of General Services shall
14be in writing and shall be delivered or mailed to the injured person
15within 30 days of the hearing. Upon the request by the applicant
16within 30 days of delivery or mailing, the Department of General
17Services may reconsider its decision.
18(i) Judicial review of a decision shall be under Section 1094.5
19of the Code of Civil Procedure, and the court shall exercise its
20independent judgment. A petition for review shall be filed as
21follows:
22(1) If no request for reconsideration is made, within 30 days of
23personal delivery or mailing of the Department of General Services’
24decision on the application.
25(2) If a timely request for reconsideration is filed and rejected
26by the Department of General Services, within 30 days of personal
27delivery or mailing of the notice of rejection.
28(3) If a timely request for reconsideration is filed and granted
29by the Department of General Services, or reconsideration is
30ordered by the Department of General Services, within 30 days of
31personal delivery or mailing of the
final decision on the
32reconsidered application.
33(j) The Department of General Services shall adopt regulations
34to implement this section, including those governing discovery.
35(k) The fund is subrogated to any right or claim that any injured
36person may have who receives compensation pursuant to this
37section, or any right or claim that the person’s personal
38representative, legal guardian, estate, or survivor may have, against
39any third party who is liable for the personal injuries caused by
40the AIDS vaccine, and the fund shall be entitled to indemnity from
P145 1that third party. The fund shall also be entitled to a lien on the
2judgment, award, or settlement in the amount of any payments
3made to the injured person.
4(l) In the event that the injured person, or his or her guardian,
5personal representative, estate, or
survivors, or any of them, bring
6an action for damages against the person or persons liable for the
7injury or death giving rise to an award by the Department of
8General Services under this section, notice of institution of legal
9proceedings and notice of any settlement shall be given to the
10Department of General Services in Sacramento except in cases
11where the Department of General Services specifies that notice
12shall be given to the Attorney General. All notices shall be given
13by the attorney employed to bring the action for damages or by
14the injured person, or his or her guardian, personal representative,
15estate, or survivors, if no attorney is employed.
16(m) This section is not intended to affect the right of any
17individual to pursue claims against the fund and lawsuits against
18manufacturers concurrently, except that the fund shall be entitled
19to a lien on the judgment, award, or settlement in the amount of
20any payments made to the injured
party by the fund.
21(n) There is hereby created the AIDS Vaccine Injury
22Compensation Policy Review Task Force consisting of 14
23members. The task force shall be composed of 10 members
24appointed by the Governor, of which two shall be from a list
25provided by the California Trial Lawyers Association, one from
26the department, the Director of Finance, one unspecified member,
27and one attorney with experience and expertise in products liability
28and negligence defense work, two representing recognized groups
29that represent victims of vaccine induced injuries or AIDS victims,
30or both, and two representing manufacturers actively engaged in
31developing an AIDS vaccine. In addition four Members of the
32Legislature or their designees shall be appointed to the task force,
33two of which shall be appointed by the Speaker of the Assembly
34and two of which shall be appointed by the Senate Committee on
35Rules. The chairperson of the task force shall be appointed by the
36
Governor from the membership of the task force. The task force
37shall study and make recommendations on the legislative
38implementation of the fund created by subdivision (a). These
39recommendations shall at least address the following issues:
P146 1(1) The process by which victims are to be compensated through
2the fund.
3(2) The procedures by which the fund will operate and the
4governance of the fund.
5(3) The method by which manufacturers are to pay into the fund
6and the amount of that payment.
7(4) The procedural relationship between a potential victim’s
8claim through the fund and a court claim made against the
9manufacturer.
10(5) Other issues deemed appropriate by the task force.
11The task force shall make its recommendations to the Legislature
12on or before June 30, 1987.
13(o) The fund shall be funded wholly by a surcharge on the sale
14of an AIDS vaccine, that has been approved by the FDA, or by
15the department pursuant to Part 5 (commencing with Section
16109875) of Division 104, in California in an amount to be
17determined by the department. The surcharge shall be levied on
18the sale of each unit of the vaccine sold or delivered, administered,
19or dispensed in California. The appropriate amount of the surcharge
20shall be studied by the AIDS Vaccine Injury Compensation Policy
21Review Task Force, which shall recommend the appropriate
22amount as part of its report, with the amount of the surcharge not
23to exceed ten dollars ($10) per unit of vaccine. Expenditures of
24the task force shall be made at the discretion of the Director of
25Finance or the director’s designee.
26(p) For purposes of this section, claims against the fund are
27contingent upon the existing resources of the fund as provided in
28subdivision (o), and in no case shall the state be liable for any
29claims in excess of the resources in the fund.
Section 11580.1 of the Insurance Code is amended
31to read:
(a) No policy of automobile liability insurance
33described in Section 16054 of the Vehicle Code covering liability
34arising out of the ownership, maintenance, or use of any motor
35vehicle shall be issued or delivered in this state on or after the
36effective date of this section unless it contains the provisions set
37forth in subdivision (b). However, none of the requirements of
38subdivision (b) shall apply to the insurance afforded under the
39policy (1) to the extent that the insurance exceeds the limits
40specified in subdivision (a) of Section 16056 of the Vehicle Code,
P147 1or (2) if the policy contains an underlying insurance requirement,
2or provides for a retained limit of self-insurance, equal to or greater
3than the limits specified in subdivision (a) of Section 16056 of the
4Vehicle Code.
5(b) Every policy of automobile liability insurance to which
6subdivision (a) applies shall contain all of the following provisions:
7(1) Coverage limits not less than the limits specified in
8subdivision (a) of Section 16056 of the Vehicle Code.
9(2) Designation by explicit description of, or appropriate
10reference to, the motor vehicles or class of motor vehicles to which
11coverage is specifically granted.
12(3) Designation by explicit description of the purposes for which
13coverage for those motor vehicles is specifically excluded.
14(4) Provision affording insurance to the named insured with
15respect to any owned or leased motor vehicle covered by the policy,
16and to the same extent that insurance is
afforded to the named
17insured, to any other person using the motor vehicle, provided the
18use is by the named insured or with his or her permission, express
19or implied, and within the scope of that permission, except that:
20(A) with regard to insurance afforded for the loading or unloading
21of the motor vehicle, the insurance may be limited to apply only
22to the named insured, a relative of the named insured who is a
23resident of the named insured’s household, a lessee or bailee of
24the motor vehicle, or an employee of any of those persons; and
25(B) the insurance afforded to any person other than the named
26insured need not apply to: (i) any employee with respect to bodily
27injury sustained by a fellow employee injured in the scope and
28course of his or her employment, or (ii) any person, or to any agent
29or employee thereof, employed or otherwise engaged in the
30business of selling, repairing, servicing, delivering, testing,
31road-testing, parking, or storing automobiles with respect to any
32accident arising out of the
maintenance or use of a motor vehicle
33in connection therewith. As used in this chapter, “owned motor
34vehicle” includes all motor vehicles described and rated in the
35policy.
36(c) In addition to any exclusion provided in paragraph (3) of
37subdivision (b), the insurance afforded by any policy of automobile
38liability insurance to which subdivision (a) applies, including the
39insurer’s obligation to defend, may, by appropriate policy
40provision, be made inapplicable to any or all of the following:
P148 1(1) Liability assumed by the insured under contract.
2(2) Liability for bodily injury or property damage caused
3intentionally by or at the direction of the insured.
4(3) Liability imposed upon or assumed by the insured under
5any workers’ compensation law.
6(4) Liability for bodily injury to any employee of the insured
7arising out of and in the course of his or her employment.
8(5) Liability for bodily injury to an insured or liability for bodily
9injury to an insured whenever the ultimate benefits of that
10indemnification accrue directly or indirectly to an insured.
11(6) Liability for damage to property owned, rented to,
12transported by, or in the charge of, an insured. A motor vehicle
13operated by an insured shall be considered to be property in the
14charge of an insured.
15(7) Liability for any bodily injury or property damage with
16respect to which insurance is or can be afforded under a nuclear
17energy liability policy.
18(8) Any motor vehicle or class
of motor vehicles, as described
19or designated in the policy, with respect to which coverage is
20explicitly excluded, in whole or in part.
21“The insured” as used in paragraphs (1), (2), (3), and (4) shall
22mean only that insured under the policy against whom the particular
23claim is made or suit brought. “An insured” as used in paragraphs
24(5) and (6) shall mean any insured under the policy including those
25persons who would have otherwise been included within the
26policy’s definition of an insured but, by agreement, are subject to
27the limitations of paragraph (1) of subdivision (d).
28(d) Notwithstanding paragraph (4) of subdivision (b), or Article
292 (commencing with Section 16450) of Chapter 3 of Division 7
30of, or Article 2 (commencing with Section 17150) of Chapter 1 of
31Division 9 of, the Vehicle Code, the insurer and any named insured
32may, by the terms of any policy of automobile liability insurance
33to which
subdivision (a) applies, or by a separate writing relating
34thereto, agree as to either or both of the following limitations, the
35agreement to be binding upon every insured to whom the policy
36applies and upon every third-party claimant:
37(1) That coverage and the insurer’s obligation to defend under
38the policy shall not apply nor accrue to the benefit of any insured
39or any third-party claimant while any motor vehicle is being used
40or operated by a natural person or persons designated by name.
P149 1These limitations shall apply to any use or operation of a motor
2vehicle, including the negligent or alleged negligent entrustment
3of a motor vehicle to that designated person or persons. This
4agreement applies to all coverage provided by that policy and is
5sufficient to comply with the requirements of paragraph (2) of
6subdivision (a) of Section 11580.2 to delete coverage when a motor
7vehicle is operated by a natural person or persons designated by
8name. The
insurer shall have an obligation to defend the named
9insured when all of the following apply to that designated natural
10person:
11(A) He or she is a resident of the same household as the named
12insured.
13(B) As a result of operating the insured motor vehicle of the
14named insured, he or she is jointly sued with the named insured.
15(C) He or she is an insured under a separate automobile liability
16insurance policy issued to him or her as a named insured, which
17policy does not provide a defense to the named insured.
18An agreement made by the insurer and any named insured more
19than 60 days following the inception of the policy excluding a
20designated person by name shall be effective from the date of the
21agreement and shall, with the signature of a named insured, be
22conclusive evidence
of the validity of the agreement.
23That agreement shall remain in force as long as the policy
24remains in force, and shall apply to any continuation, renewal, or
25replacement of the policy by the named insured, or reinstatement
26of the policy within 30 days of any lapse thereof.
27(2) That with regard to a policy issued to a named insured
28engaged in the business of leasing vehicles for those vehicles that
29are leased for a term in excess of six months, or selling, repairing,
30servicing, delivering, testing, road-testing, parking, or storing
31automobiles, coverage shall not apply to any person other than the
32named insured or his or her agent or employee, except to the extent
33that the limits of liability of any other valid and collectible
34insurance available to that person are not equal to the limits of
35liability specified in subdivision (a) of Section 16056 of the Vehicle
36Code. If the policy is issued to a named
insured engaged in the
37business of leasing vehicles, which business includes the lease of
38vehicles for a term in excess of six months, and the lessor includes
39in the lease automobile liability insurance, the terms and limits of
40which are not otherwise specified in the lease, the named insured
P150 1shall incorporate a provision in each vehicle lease contract advising
2the lessee of the provisions of this subdivision and the fact that
3this limitation is applicable except as otherwise provided for by
4statute or federal law.
5(e) Nothing in this section or in Section 16054 or 16450 of the
6Vehicle Code shall be construed to constitute a homeowner’s
7policy, personal and residence liability policy, personal and farm
8liability policy, general liability policy, comprehensive personal
9liability policy, manufacturers’ and contractors’ policy, premises
10liability policy, special multiperil policy, or any policy or
11endorsement where automobile liability coverage is
offered as
12incidental to some other basic coverage as an “automobile liability
13policy” within the meaning of Section 16054 of the Vehicle Code,
14or as a “motor vehicle liability policy” within the meaning of
15Section 16450 of the Vehicle Code, nor shall this section apply to
16a policy that provides insurance covering liability arising out of
17the ownership, maintenance, or use of any motor vehicle in the
18Republic of Mexico issued or delivered in this state by a
19nonadmitted Mexican insurer, notwithstanding that the policy may
20provide automobile or motor vehicle liability coverage on insured
21premises or the ways immediately adjoining.
22(f) (1) On and after January 1, 1976, no policy of automobile
23liability insurance described in subdivision (a) shall be issued,
24amended, or renewed in this state if it contains any provision that
25expressly or impliedly excludes from coverage under the policy
26the operation or use of an insured motor
vehicle by the named
27insured in the performance of volunteer services for a nonprofit
28charitable organization or governmental agency by providing social
29service transportation. This subdivision shall not apply in any case
30in which the named insured receives any remuneration of any kind
31other than reimbursement for actual mileage driven in the
32performance of those services at a rate not to exceed the following:
33(A) For the 1980-81 fiscal year, the maximum rate authorized
34by the California Victim Compensation and Government Claims
35Board shall also be known as the “base rate.”
36(B) For each fiscal year thereafter, the greater of either (A) the
37maximum rate authorized by the Department of General Services
38or (B) the base rate as adjusted by the California Consumer Price
39Index.
P151 1(2) No policy of insurance issued under this
section may be
2canceled by an insurer solely for the reason that the named insured
3is performing volunteer services for a nonprofit charitable
4organization or governmental agency consisting of providing social
5service transportation.
6(3) For the purposes of this section, “social service
7transportation” means transportation services provided by private
8nonprofit organizations or individuals to either individuals who
9are senior citizens or individuals or groups of individuals who have
10special transportation needs because of physical or mental
11conditions and supported in whole or in part by funding from
12private or public agencies.
13(g) Notwithstanding paragraph (4) of subdivision (b), or Article
142 (commencing with Section 16450) of Chapter 3 of Division 7
15of, or Article 2 (commencing with Section 17150) of Chapter 1 of
16Division 9 of, the Vehicle Code, a Mexican nonadmitted insurer
17and
any named insured may, by the terms of any policy of
18automobile insurance for use solely in the Republic of Mexico to
19which subdivision (a) applies, or by a separate writing relating
20thereto, agree to the limitation that coverage under that policy shall
21not apply to any person riding in or occupying a vehicle owned
22by the insured or driven by another person with the permission of
23the insured. The agreement shall be binding upon every insured
24to whom the policy applies and upon any third-party claimant.
25(h) No policy of automobile insurance that provides insurance
26covering liability arising out of the ownership, maintenance, or
27use of any motor vehicle solely in the Republic of Mexico issued
28by a nonadmitted Mexican insurance company, shall be subject
29to, or provide coverage for, those coverages provided in Section
3011580.2.
Section 11872 of the Insurance Code is amended
32to read:
The fund may annually enter into agreements with state
34agencies for service to be rendered to the fund. These state agencies
35include, but shall not be limited to: the Department of Finance,
36Department of General Services, State Personnel Board, and the
37Public Employees’ Retirement System. If these agencies and the
38fund cannot agree upon the cost of services provided by the
39agreements, the Department of General Services shall be requested
40to arrive at an equitable settlement.
Section 1308.10 of the Labor Code is amended to
2read:
(a) Prior to the employment of a minor under the age
4of 16 years in any of the circumstances listed in subdivision (a) of
5Section 1308.5, the Labor Commissioner may issue a temporary
6permit authorizing employment of the minor to enable a parent or
7guardian of the minor to meet the requirement for a permit under
8subdivision (a) of Section 1308.5 and to establish a trust account
9for the minor or to produce the documentation required by the
10Labor Commissioner for the issuance of a permit under Section
111308.5, subject to all of the following conditions:
12(1) A temporary permit shall be valid for a period not to exceed
1310 days from the date of issuance.
14(2) A temporary permit shall not be issued for the
employment
15of a minor if the minor’s parent or guardian has previously applied
16for or been issued a permit by the Labor Commissioner pursuant
17to Section 1308.5 or a temporary permit pursuant to this section
18for employment of the minor.
19(3) For infants who are subject to the requirements of Section
201308.8, a temporary permit shall not be issued before the
21requirements of that section are met.
22(4) The Division of Labor Standards Enforcement shall prepare
23and make available on its Internet Web site the application form
24for a temporary permit. An applicant for a temporary permit shall
25submit a completed application and application fee online to the
26division. Upon receipt of the completed application and fee, the
27division shall immediately issue a temporary permit.
28(b) The Labor Commissioner shall set forth the fee in an
amount
29sufficient to pay for the costs of administering the online temporary
30minor’s entertainment work permit program, but not to exceed
31fifty dollars ($50).
Section 1308.11 is added to the Labor Code, to read:
(a) All registrations, fees, and permit fees collected
34under this article shall be deposited in the Labor Enforcement and
35Compliance Fund.
36(b) On the effective date of this section, any moneys in the
37Entertainment Work Permit Fund and any assets, liabilities,
38revenues, expenditures, and encumbrances of that fund shall be
39transferred to the Labor Enforcement and Compliance Fund.
Section 1684 of the Labor Code is amended to read:
(a) The Labor Commissioner shall not issue to any
2person a license to act as a farm labor contractor, nor shall the
3Labor Commissioner renew that license, until all of the following
4conditions are satisfied:
5(1) The person has executed a written application in a form
6prescribed by the Labor Commissioner, subscribed and sworn to
7by the person, and containing all of the following:
8(A) A statement by the person of all facts required by the Labor
9Commissioner concerning the applicant’s character, competency,
10responsibility, and the manner and method by which the person
11proposes to conduct operations as a farm labor contractor if the
12license is issued.
13(B) The names and addresses of all persons, except bona fide
14employees on stated salaries, financially interested, either as
15partners, associates, or profit sharers, in the proposed operation as
16a farm labor contractor, together with the amount of their respective
17interests.
18(C) A declaration consenting to the designation by a court of
19the Labor Commissioner as an agent available to accept service
20of summons in any action against the licensee if the licensee has
21left the jurisdiction in which the action is commenced or otherwise
22has become unavailable to accept service.
23(D) The names and addresses of all persons who in the previous
24calendar year performed any services described in subdivision (b)
25of Section 1682 within the scope of his or her employment by the
26licensee on whose behalf he or she was acting, unless the person
27was employed as an independent
contractor.
28(2) The Labor Commissioner, after investigation, is satisfied as
29to the character, competency, and responsibility of the person.
30(3) (A) The person has deposited with the Labor Commissioner
31a surety bond in an amount based on the size of the person’s annual
32payroll for all employees, as follows:
33(i) For payrolls up to five hundred thousand dollars ($500,000),
34a twenty-five-thousand-dollar ($25,000) bond.
35(ii) For payrolls of five hundred thousand dollars ($500,000) to
36two million dollars ($2,000,000), a fifty-thousand-dollar ($50,000)
37bond.
38(iii) For payrolls greater than two million dollars ($2,000,000),
39a seventy-five-thousand-dollar ($75,000) bond.
P154 1(B) For purposes of this paragraph, the Labor Commissioner
2shall require documentation of the size of the person’s annual
3payroll, which may include, but is not limited to, information
4provided by the person to the Employment Development
5Department, the Franchise Tax Board, the Division of Workers’
6Compensation, the insurer providing the licensee’s workers’
7compensation insurance, or the Internal Revenue Service.
8(C) If the contractor has been the subject of a final judgment in
9a year in an amount equal to or greater than the amount of the bond
10required, he or she shall be required to deposit an additional bond
11within 60 days.
12(D) All bonds required under this chapter shall be payable to
13the people of the State of California and shall be conditioned upon
14the farm labor contractor’s compliance with all the terms and
15
provisions of this chapter and subdivisions (j) and (k) of Section
1612940 of, and Sections 12950 and 12950.1 of, the Government
17Code, and payment of all damages occasioned to any person by
18failure to do so, or by any violation of this chapter or of subdivision
19(j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of,
20the Government Code, or any violation of Title VII of the Civil
21Rights Act of 1964 (Public Law 88-352), or false statements or
22misrepresentations made in the procurement of the license. The
23bond shall also be payable for interest on wages and for any
24damages arising from violation of orders of the Industrial Welfare
25Commission, and for any other monetary relief awarded to an
26agricultural worker as a result of a violation of this code or of
27subdivision (j) or (k) of Section 12940 of, or Section 12950 or
2812950.1 of, the Government Code, or any violation of Title VII
29of the Civil Rights Act of 1964 (Public Law 88-352).
30(4) The
person has paid to the Labor Commissioner a license
31fee of five hundred dollars ($500) plus a filing fee of ten dollars
32($10). However, when a timely application for renewal is filed,
33the ten-dollar ($10) filing fee is not required. The license fee shall
34increase by one hundred dollars ($100), to six hundred dollars
35($600), on January 1, 2015. The amount attributable to this increase
36shall be expended by the Labor Commissioner to fund the Farm
37Labor Contractor Enforcement Unit and the Farm Labor Contractor
38License Verification Unit. The Labor Commissioner shall deposit
39one hundred fifty dollars ($150) of each licensee’s annual license
40fee into the Farmworker Remedial Account. Funds from this
P155 1account shall be disbursed by the Labor Commissioner only to
2persons determined by the Labor Commissioner to have been
3damaged by any licensee if the damage exceeds the amount of the
4licensee’s bond or the surety fails to pay the full amount of the
5licensee’s bond, or to persons determined by the Labor
6Commissioner to
have been damaged by an unlicensed farm labor
7 contractor. In making these determinations, the Labor
8Commissioner shall disburse funds from the Farmworker Remedial
9Account to satisfy claims against farm labor contractors or
10unlicensed farm labor contractors, which shall also include interest
11on wages and any damages arising from the violation of orders of
12the Industrial Welfare Commission, for any other monetary relief
13awarded to an agricultural worker as a result of a violation of this
14code, and for all damages arising from any violation of subdivision
15(j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of,
16the Government Code, or any violation of Title VII of the Civil
17Rights Act of 1964 (Public Law 88-352). The Labor Commissioner
18may disburse funds from the Farmworker Remedial Account to
19farm labor contractors, for payment of farmworkers, when a
20contractor is unable to pay farmworkers due to the failure of a
21grower or packer to pay the contractor. Any disbursed funds
22subsequently recovered by
the Labor Commissioner pursuant to
23Section 1693, or otherwise, shall be returned to the Farmworker
24Remedial Account.
25(5) The person has taken a written examination that demonstrates
26an essential degree of knowledge of the current laws and
27administrative regulations concerning farm labor contractors as
28the Labor Commissioner deems necessary for the safety and
29protection of farmers, farmworkers, and the public, including the
30identification and prevention of sexual harassment in the
31workplace. To successfully complete the examinations, the person
32must correctly answer at least 85 percent of the questions posed.
33The examination period shall not exceed four hours. The
34examination may only be taken a maximum of three times in a
35calendar year. The examinations shall include a demonstration of
36knowledge of the current laws and regulations regarding wages,
37hours, and working conditions, penalties, employee housing and
38transportation, collective
bargaining, field sanitation, and safe
39work practices related to pesticide use, including all of the
40following subjects:
P156 1(A) Field reentry regulations.
2(B) Worker pesticide safety training.
3(C) Employer responsibility for safe working conditions.
4(D) Symptoms and appropriate treatment of pesticide poisoning.
5(6) The person has registered as a farm labor contractor pursuant
6to the federal Migrant and Seasonal Agricultural Worker Protection
7Act (29 U.S.C. Sec. 1801 et seq.), when registration is required
8pursuant to federal law, and that information is provided by the
9person to the Labor Commissioner.
10(7) Each of the person’s
employees has registered as a farm
11labor contractor employee pursuant to the federal Migrant and
12Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801
13et seq.) if that registration is required pursuant to federal law, and
14that information is provided by the person to the Labor
15Commissioner.
16(8) (A) The person has executed a written statement, that has
17been provided to the Labor Commissioner, attesting that the
18person’s supervisorial employees, including any supervisor,
19crewleader, mayordomo, foreperson, or other employee whose
20duties include the supervision, direction, or control of agricultural
21employees, have been trained at least once for at least two hours
22each calendar year in the prevention of sexual harassment in the
23workplace, and that all new nonsupervisorial employees, including
24agricultural employees, have been trained at the time of hire, and
25that all nonsupervisorial employees, including
agricultural
26employees, have been trained at least once every two years in
27identifying, preventing, and reporting sexual harassment in the
28workplace.
29(B) Sexual harassment prevention training shall consist of
30training administered by a licensee or appropriate designee of the
31licensee.
32(C) Sexual harassment prevention training shall include, at a
33minimum, components of the following as consistent with Section
3412950 of the Government Code:
35(i) The illegality of sexual harassment.
36(ii) The definition of sexual harassment under applicable state
37and federal law.
38(iii) A description of sexual harassment, utilizing examples.
39(iv) The internal complaint process of the employer available
40to the employee.
P157 1(v) The legal remedies and complaint process available through
2the Department of Fair Employment and Housing.
3(vi) Directions for how to contact the Department of Fair
4Employment and Housing.
5(vii) The protection against retaliation provided under current
6law.
7(D) The trainer may use the text of the Department of Fair
8Employment and Housing’s pamphlet DFEH-185, “Sexual
9Harassment” as a guide to training, or may use other written
10material or other training resources covering the information
11required in subparagraph (C).
12(E) At the conclusion of the training, the trainer shall provide
13the employee with
a copy of the Department of Fair Employment
14and Housing’s pamphlet DFEH-185, and a record of the training
15on a form provided by the Labor Commissioner that includes the
16name of the trainer and the date of the training.
17(F) The licensee shall keep a record with the names of all
18employees who have received sexual harassment training for a
19period of three years.
20(b) The Labor Commissioner shall consult with the Director of
21Pesticide Regulation, the Department of the California Highway
22Patrol, the Department of Housing and Community Development,
23the Employment Development Department, the Department of
24Fair Employment and Housing, the Department of Food and
25Agriculture, the Department of Motor Vehicles, and the Division
26of Occupational Safety and Health in preparing the examination
27required by paragraph (5) of subdivision (a) and the appropriate
28educational materials pertaining to the
matters included in the
29examination, and may charge a fee of not more than two hundred
30dollars ($200) to cover the cost of administration of the
31examination.
32(c) The person shall also enroll and participate in at least nine
33hours of relevant educational classes each year. The classes shall
34include at least one hour of sexual harassment prevention training.
35The classes shall be chosen from a list of approved classes prepared
36by the Labor Commissioner, in consultation with the persons and
37entities listed in subdivision (b) and county agricultural
38commissioners.
39(d) The Labor Commissioner may renew a license without
40requiring the applicant for renewal to take the examination
P158 1specified in paragraph (5) of subdivision (a) if the Labor
2Commissioner finds that the applicant meets all of the following
3criteria:
4(1) Has
satisfactorily completed the examination during the
5immediately preceding two years.
6(2) Has not during the preceding year been found to be in
7violation of any applicable laws or regulations including, but not
8limited to, Division 7 (commencing with Section 12501) of the
9Food and Agricultural Code, subdivisions (j) and (k) of Section
1012940 of, and Section 12950 or 12950.1 of, the Government Code,
11Part 1 (commencing with Section 17000) of Division 13 of the
12Health and Safety Code, Division 2 (commencing with Section
13200), Division 4 (commencing with Section 3200), and Division
145 (commencing with Section 6300) of this code, and Chapter 1
15(commencing with Section 12500) of Division 6 of the Vehicle
16Code.
17(3) Has, for each year since the license was obtained, enrolled
18and participated in at least eight hours of relevant, educational
19classes, chosen from a list of approved classes
prepared by the
20Labor Commissioner.
21(4) Has complied with all other requirements of this section.
Section 1698 of the Labor Code is amended to read:
All fines collected for violations of this chapter shall be
24paid into the Farmworker Remedial Account and shall be available,
25upon appropriation, for purposes of this chapter. Of the moneys
26collected for licenses issued pursuant to this chapter, one hundred
27fifty dollars ($150) of each annual license fee shall be deposited
28in the Farmworker Remedial Account pursuant to paragraph (4)
29of subdivision (a) of Section 1684, three hundred fifty dollars
30($350) of each annual license fee shall be expended by the Labor
31Commissioner to fund the Farm Labor Contractor Enforcement
32Unit and the Farm Labor Contractor License Verification Unit,
33both within the department, and the remaining money shall be paid
34into the Labor Enforcement and Compliance Fund.
Section 1700.18 of the Labor Code is amended to
36read:
(a) All moneys collected for filing fees and licenses
38under this chapter shall be paid into the State Treasury and credited
39to the Labor Enforcement and Compliance Fund.
P159 1(b) All fines collected for violations of this chapter shall be paid
2into the State Treasury and credited to the General Fund.
Section 1706 of the Labor Code is amended to read:
(a) (1) No person shall represent or provide specified
5services to any artist who is a minor, under 18 years of age, without
6first submitting an application to the Labor Commissioner for a
7Child Performer Services Permit and receiving that permit.
8(2) The Labor Commissioner shall set forth a filing fee, to be
9paid by the applicant to the commissioner at the time the
10application is filed, in an amount sufficient to reimburse the Labor
11Commissioner for the costs of the permit program. This amount
12shall be in addition to any charge imposed by the Labor
13Commissioner pursuant to paragraph (3) of subdivision (c).
14(3) (A) The Labor Commissioner shall issue a Child
Performer
15Services Permit to the applicant after he or she has received the
16application and filing fee and determined from information
17provided by the Department of Justice that the person is not
18required to register pursuant to Sections 290 to 290.006, inclusive,
19of the Penal Code.
20(B) After receiving his or her first Child Performer Services
21Permit, a person shall on a biennial basis renew his or her
22application by resubmitting his or her name and a new filing fee
23to the Labor Commissioner in the amount set forth by the Labor
24Commissioner pursuant to paragraph (2). The Labor Commissioner
25shall issue a renewed permit to the person after receiving his or
26her application and filing fee and determining from the subsequent
27arrest notification provided by the Department of Justice pursuant
28to subparagraph (D) of paragraph (2) of subdivision (c) that the
29person is not required to register pursuant to Sections 290 to
30290.006, inclusive, of the Penal
Code. A person shall not be
31required to resubmit his or her fingerprints in order to renew his
32or her permit.
33(b) Except for subdivision (f) and Sections 1706.1 to 1706.5,
34inclusive, when applied to a violation of subdivision (f), this
35chapter does not apply to the following:
36(1) A person licensed as a talent agent as specified in Chapter
374 (commencing with Section 1700), or operating under the license
38of a talent agent.
P160 1(2) A studio teacher certified by the Labor Commissioner as
2defined in Section 11755 of Title 8 of the California Code of
3Regulations.
4(3) A person whose contact with minor children is restricted to
5locations where, either by law or regulation, the minor must be
6accompanied at all times by a parent or guardian, and the parent
7or
guardian must be within sight or sound of the minor.
8(4) A person who has only incidental and occasional contact
9with minor children, unless the person works directly with minor
10children, has supervision or disciplinary power over minor children,
11or receives a fee.
12(c) (1) Each person required to submit an application to the
13Labor Commissioner pursuant to paragraph (1) of subdivision (a)
14shall provide to the Department of Justice electronic fingerprint
15images and related information required by the department of all
16permit applicants, for the purposes of obtaining information as to
17the existence and content of a record of state or federal arrests and
18convictions, including arrests for which the Department of Justice
19establishes that the person is free on bail or on his or her
20recognizance pending trial or appeal.
21(2) (A) When received, the Department of Justice shall forward
22the fingerprint images and related information described in
23paragraph (1) to the Federal Bureau of Investigation and request
24a federal summary for criminal history information.
25(B) (i) The Department of Justice shall review the information
26returned from the Federal Bureau of Investigation and compile
27and disseminate a response to the Labor Commissioner.
28(ii) The Department of Justice’s response shall provide both
29state and federal criminal history information pursuant to paragraph
30(1) of subdivision (p) of Section 11105 of the Penal Code.
31(C) The Labor Commissioner shall request from the Department
32of Justice subsequent arrest notification service, as
provided
33pursuant to Section 11105.2 of the Penal Code, for each person
34who submitted fingerprint images and the related information
35pursuant to paragraph (1).
36(3) (A) The Department of Justice shall charge the Labor
37Commissioner a fee sufficient to cover the cost of processing the
38request described in paragraph (2).
39(B) In addition to the filing fee paid by the applicant pursuant
40to subdivision (a) to reimburse the Labor Commissioner for the
P161 1costs of the permit program, the Labor Commissioner may charge
2the applicant a fee sufficient to cover the costs of the fee imposed
3by the Department of Justice pursuant to subparagraph (A). The
4amount of the fee imposed pursuant to this subparagraph shall be
5forwarded by the Labor Commissioner to the Department of Justice
6with the applicant’s name, fingerprints, and other information
7described in paragraph (1). This fee
shall be available to the
8Department of Justice for the purposes described in subparagraph
9(A), upon appropriation by the Legislature.
10(4) Upon receipt of information from the Department of Justice
11provided pursuant to subparagraphs (C) and (D) of paragraph (2),
12the commissioner shall timely cause a copy of the information to
13be sent to the person who has submitted the application, and shall
14keep a copy of the information and application on file.
15(d) The Labor Commissioner shall maintain a list of all persons
16holding a valid Child Performer Services Permit issued under this
17chapter and make this list publicly available on its Internet Web
18site.
19(e) (1) Upon receipt of a valid Child Performer Services Permit,
20the recipient shall post the permit in a conspicuous place in his or
21her place of
business.
22(2) Any person who is a recipient of a valid Child Performer
23Services Permit shall include the permit number on advertising in
24print or electronic media, including, but not limited to, Internet
25Web sites, or in any other medium of advertising.
26(f) No person, including a person described in subdivision (b),
27who is required to register pursuant to Sections 290 to 290.006,
28inclusive, of the Penal Code may represent or provide specified
29services to any artist who is a minor.
30(g) For purposes of this section, the following terms have the
31following meanings:
32(1) “Artist” means a person who is or seeks to become an actor,
33actress, model, extra, radio artist, musical artist, musical
34organization, director, musical director, writer, cinematographer,
35
composer, lyricist, arranger, or other person rendering professional
36services in motion picture, theatrical, radio, television, Internet,
37print media, or other entertainment enterprises or technologies.
38(2) Except as used in the context of a fee an applicant is required
39to pay with his or her application, “fee” means any money or other
40valuable consideration paid or promised to be paid by an artist, by
P162 1an individual on behalf of an artist, or by a corporation formed on
2behalf of an artist for services rendered or to be rendered by any
3person conducting the business of representing artists.
4(3) “Person” means any individual, company, society, firm,
5partnership, association, corporation, limited liability company,
6trust, or other organization.
7(4) To “represent or provide specified services to” means to
8provide, offer
to provide, or advertise or represent as providing,
9for a fee one or more of the following services:
10(A) Photography for use as an artist, including, but not limited
11to, still photography, digital photography, and video and film
12services.
13(B) Managing or directing the development or advancement of
14the artist’s career as an artist.
15(C) Career counseling, career consulting, vocational guidance,
16aptitude testing, evaluation, or planning, in each case relating to
17the preparation of the artist for employment as an artist.
18(D) Public relations services or publicity, or both, including
19arranging personal appearances, developing and distributing press
20packets, managing fan mail, designing and maintaining Internet
21Web sites, and consulting on media
relations.
22(E) Instruction, evaluation, lessons, coaching, seminars,
23workshops, or similar training as an artist, including, but not limited
24to, acting, singing, dance, voice, or similar instruction services.
25(F) A camp for artists, which includes, but is not limited to, a
26day camp or overnight camp in which any portion of the camp
27includes any services described in subparagraphs (A) to (E),
28inclusive.
29(h) (1) The Labor Commissioner shall deposit all filing fees
30described in subdivision (a) into the Labor Enforcement and
31Compliance Fund to pay for the costs of administering the Child
32Performer Services Permit program.
33(2) On the effective date of the statute adding this subdivision,
34any moneys in the Child Performer Services Permit
Fund and any
35assets, liabilities, revenues, expenditures, and encumbrances of
36that fund shall be transferred to the Labor Enforcement and
37Compliance Fund.
Section 1720.9 of the Labor Code is amended to
39read:
(a) For the limited purposes of Article 2 (commencing
2with Section 1770), “public works” also means the hauling and
3delivery of ready-mixed concrete to carry out a public works
4contract, with respect to contracts involving any state agency,
5including the California State University and the University of
6California, or any political subdivision of the state.
7(b) For purposes of this section, “ready-mixed concrete” means
8concrete that is manufactured in a factory or a batching plant,
9according to a set recipe, and then delivered in a liquefied state by
10mixer truck for immediate incorporation into a project.
11(c) For purposes of this section, the “hauling and delivery of
12ready-mixed concrete to carry out
a public works contract” means
13the job duties for a ready mixer driver that are used by the director
14in determining wage rates pursuant to Section 1773, and includes
15receiving the concrete at the factory or batching plant and the return
16trip to the factory or batching plant.
17(d) For purposes of this section, the applicable prevailing wage
18rate shall be the current prevailing wage, as determined by the
19director, for the geographic area in which the factory or batching
20plant is located.
21(e) The entity hauling or delivering ready-mixed concrete to
22carry out a public works contract shall enter into a written
23subcontract agreement with the party that engaged the entity to
24supply the ready-mixed concrete. The written agreement shall
25require compliance with the requirements of this chapter. The
26entity hauling or delivering ready-mixed concrete shall be
27considered a subcontractor solely
for the purposes of this chapter.
28Nothing in this section shall cause any entity to be treated as a
29contractor or subcontractor for any purpose other than the
30application of this chapter.
31(f) The entity hauling or delivering ready-mixed concrete to
32carry out a public works contract shall submit a certified copy of
33the payroll records required by subdivision (a) of Section 1776 to
34the party that engaged the entity and to the general contractor
35within five working days after the employee has been paid,
36accompanied by a written time record that shall be certified by
37each driver for the performance of job duties in subdivision (c).
38(g) This section shall not apply to public works contracts that
39are advertised for bid or awarded prior to July 1, 2016.
Section 2059 of the Labor Code is amended to read:
(a) (1) The commissioner shall collect from employers
2a registration fee for each branch location, and, except as provided
3in paragraph (2), may periodically adjust the registration fee, in
4an amount sufficient to fund all direct and indirect costs to
5administer and enforce this part.
6(2) The fee established pursuant to paragraph (1) shall not be
7increased unless the published fund balance is projected to fall
8below 25 percent of annual expenditures.
9(b) In addition to the fee in subdivision (a), each employer shall
10be assessed an annual fee in an amount equivalent to 20 percent
11of the registration fee collected pursuant to subdivision (a)
for each
12branch location that shall be deposited in the Car Wash Worker
13Restitution Fund.
Section 2065 of the Labor Code is amended to read:
(a) The Car Wash Worker Restitution Fund is established
16in the State Treasury.
17(1) The following moneys shall be deposited into this fund:
18(A) The annual fee required pursuant to subdivision (b) of
19Section 2059.
20(B) Fifty percent of the fines collected pursuant to Section 2064.
21(C) Pursuant to subdivision (b) of Section 2059, an amount
22equal to 20 percent of the initial registration fee required pursuant
23to subdivision (a) of Section 2059.
24(2) Upon appropriation by the
Legislature, the moneys in the
25fund shall be disbursed by the commissioner only to persons
26determined by the commissioner to have been damaged by the
27failure to pay wages and penalties and other related damages by
28any employer, to ensure the payment of wages and penalties and
29other related damages. Any disbursed funds subsequently recovered
30by the commissioner shall be returned to the fund.
31(b) The Car Wash Worker Fund is established in the State
32Treasury.
33(1) The following moneys shall be deposited into this fund:
34(A) Fifty percent of the fines collected pursuant to Section 2064.
35(B) The initial registration fee required pursuant to subdivision
36(a) of Section 2059, less the amount specified in subparagraph (C)
37of paragraph (1) of subdivision (a).
38(2) Upon appropriation by the Legislature, the moneys in this
39fund shall be applied to all direct and indirect costs incurred by
40the commissioner in administering this part and all direct and
P165 1indirect costs of enforcement and investigation of the car washing
2and polishing industry.
3(c) The Department of Industrial Relations may establish by
4regulation those procedures necessary to carry out this section.
Section 2658 of the Labor Code is amended to read:
(a) A person shall not employ an industrial homeworker
7in any industry not prohibited by Section 2651 unless the person
8employing an industrial homeworker has obtained a valid industrial
9homework license from the division.
10(b) Application for a license to employ industrial homeworkers
11shall be made to the division in a form as the division may by
12regulation prescribe. A license fee of one hundred dollars ($100)
13for each industrial homeworker employed shall be paid to the
14division and the license shall be valid for a period of one year from
15the date of issuance unless sooner revoked or suspended.
16(c) Renewal fees shall be at the same rate and conditions as the
17
original license.
18(d) The division may revoke or suspend the license upon a
19finding that the person has violated this part or has failed to comply
20with the regulations of the division or with the license. The
21industrial homework license shall not be transferable.
22(e) All license and permit fees received under this part shall be
23paid into the Labor Enforcement and Compliance Fund.
It is the intent of the Legislature that the Labor and
25Workforce Development Agency shall continue to assign the duties
26prescribed in the Labor Code Private Attorneys General Act of
272004 (Part 13 (commencing with Section 2698) of Division 2 of
28the Labor Code) to the departments, divisions, commissions,
29boards, or agencies where those duties are customarily performed.
Section 2699 of the Labor Code is amended to read:
(a) Notwithstanding any other provision of law, any
32provision of this code that provides for a civil penalty to be
33assessed and collected by the Labor and Workforce Development
34Agency or any of its departments, divisions, commissions, boards,
35agencies, or employees, for a violation of this code, may, as an
36alternative, be recovered through a civil action brought by an
37aggrieved employee on behalf of himself or herself and other
38current or former employees pursuant to the procedures specified
39in Section 2699.3.
P166 1(b) For purposes of this part, “person” has the same meaning
2as defined in Section 18.
3(c) For purposes of this part, “aggrieved employee” means any
4person who was employed by the alleged violator
and against
5whom one or more of the alleged violations was committed.
6(d) For purposes of this part, “cure” means that the employer
7abates each violation alleged by any aggrieved employee, the
8employer is in compliance with the underlying statutes as specified
9in the notice required by this part, and any aggrieved employee is
10made whole. A violation of paragraph (6) or (8) of subdivision (a)
11of Section 226 shall only be considered cured upon a showing that
12the employer has provided a fully compliant, itemized wage
13statement to each aggrieved employee for each pay period for the
14three-year period prior to the date of the written notice sent
15pursuant to paragraph (1) of subdivision (c) of Section 2699.3.
16(e) (1) For purposes of this part, whenever the Labor and
17Workforce Development Agency, or any of its departments,
18divisions, commissions, boards, agencies, or
employees, has
19discretion to assess a civil penalty, a court is authorized to exercise
20the same discretion, subject to the same limitations and conditions,
21to assess a civil penalty.
22(2) In any action by an aggrieved employee seeking recovery
23 of a civil penalty available under subdivision (a) or (f), a court
24may award a lesser amount than the maximum civil penalty amount
25specified by this part if, based on the facts and circumstances of
26the particular case, to do otherwise would result in an award that
27is unjust, arbitrary and oppressive, or confiscatory.
28(f) For all provisions of this code except those for which a civil
29penalty is specifically provided, there is established a civil penalty
30for a violation of these provisions, as follows:
31(1) If, at the time of the alleged violation, the person does not
32employ one or
more employees, the civil penalty is five hundred
33dollars ($500).
34(2) If, at the time of the alleged violation, the person employs
35one or more employees, the civil penalty is one hundred dollars
36($100) for each aggrieved employee per pay period for the initial
37violation and two hundred dollars ($200) for each aggrieved
38employee per pay period for each subsequent violation.
39(3) If the alleged violation is a failure to act by the Labor and
40Workplace Development Agency, or any of its departments,
P167 1divisions, commissions, boards, agencies, or employees, there shall
2be no civil penalty.
3(g) (1) Except as provided in paragraph (2), an aggrieved
4employee may recover the civil penalty described in subdivision
5(f) in a civil action pursuant to the procedures specified in Section
62699.3 filed on behalf of
himself or herself and other current or
7former employees against whom one or more of the alleged
8violations was committed. Any employee who prevails in any
9action shall be entitled to an award of reasonable attorney’s fees
10and costs, including any filing fee paid pursuant to subparagraph
11(B) of paragraph (1) of subdivision (a) or subparagraph (B) of
12paragraph (1) of subdivision (c) of Section 2699.3. Nothing in this
13part shall operate to limit an employee’s right to pursue or recover
14other remedies available under state or federal law, either separately
15or concurrently with an action taken under this part.
16(2) No action shall be brought under this part for any violation
17of a posting, notice, agency reporting, or filing requirement of this
18code, except where the filing or reporting requirement involves
19mandatory payroll or workplace injury reporting.
20(h) No action may be brought
under this section by an aggrieved
21employee if the agency or any of its departments, divisions,
22commissions, boards, agencies, or employees, on the same facts
23and theories, cites a person within the timeframes set forth in
24Section 2699.3 for a violation of the same section or sections of
25the Labor Code under which the aggrieved employee is attempting
26to recover a civil penalty on behalf of himself or herself or others
27or initiates a proceeding pursuant to Section 98.3.
28(i) Except as provided in subdivision (j), civil penalties
29recovered by aggrieved employees shall be distributed as follows:
3075 percent to the Labor and Workforce Development Agency for
31enforcement of labor laws, including the administration of this
32part, and for education of employers and employees about their
33rights and responsibilities under this code, to be continuously
34appropriated to supplement and not supplant the funding to the
35agency for those purposes; and 25 percent to
the aggrieved
36employees.
37(j) Civil penalties recovered under paragraph (1) of subdivision
38(f) shall be distributed to the Labor and Workforce Development
39Agency for enforcement of labor laws, including the administration
40of this part, and for education of employers and employees about
P168 1their rights and responsibilities under this code, to be continuously
2appropriated to supplement and not supplant the funding to the
3agency for those purposes.
4(k) Nothing contained in this part is intended to alter or
5otherwise affect the exclusive remedy provided by the workers’
6compensation provisions of this code for liability against an
7employer for the compensation for any injury to or death of an
8employee arising out of and in the course of employment.
9(l) (1) For cases filed on or after July 1, 2016, the
aggrieved
10employee or representative shall, within 10 days following
11commencement of a civil action pursuant to this part, provide the
12Labor and Workforce Development Agency with a file-stamped
13copy of the complaint that includes the case number assigned by
14the court.
15(2) The superior court shall review and approve any settlement
16of any civil action filed pursuant to this part. The proposed
17settlement shall be submitted to the agency at the same time that
18it is submitted to the court.
19(3) A copy of the superior court’s judgment in any civil action
20filed pursuant to this part and any other order in that action that
21either provides for or denies an award of civil penalties under this
22code shall be submitted to the agency within 10 days after entry
23of the judgment or order.
24(4) Items required to be submitted to the Labor and Workforce
25Development Agency under this subdivision or to the Division of
26Occupational Safety and Health pursuant to paragraph (4) of
27subdivision (b) of Section 2699.3, shall be transmitted online
28through the same system established for the filing of notices and
29requests under subdivisions (a) and (c) of Section 2699.3.
30(m) This section shall not apply to the recovery of administrative
31and civil penalties in connection with the workers’ compensation
32law as contained in Division 1 (commencing with Section 50) and
33Division 4 (commencing with Section 3200), including, but not
34limited to, Sections 129.5 and 132a.
35(n) The agency or any of its departments, divisions,
36commissions, boards, or agencies may promulgate regulations to
37implement the
provisions of this part.
Section 2699.3 of the Labor Code is amended to
39read:
(a) A civil action by an aggrieved employee pursuant
2to subdivision (a) or (f) of Section 2699 alleging a violation of any
3provision listed in Section 2699.5 shall commence only after the
4following requirements have been met:
5(1) (A) The aggrieved employee or representative shall give
6written notice by online filing with the Labor and Workforce
7Development Agency and by certified mail to the employer of the
8specific provisions of this code alleged to have been violated,
9including the facts and theories to support the alleged violation.
10(B) A notice filed with the Labor and Workforce Development
11Agency pursuant to subparagraph (A) and any employer response
12to that notice shall be
accompanied by a filing fee of seventy-five
13dollars ($75). The fees required by this subparagraph are subject
14to waiver in accordance with the requirements of Sections 68632
15and 68633 of the Government Code.
16(C) The fees paid pursuant to subparagraph (B) shall be paid
17into the Labor and Workforce Development Fund and used for the
18purposes specified in subdivision (j) of Section 2699.
19(2) (A) The agency shall notify the employer and the aggrieved
20employee or representative by certified mail that it does not intend
21to investigate the alleged violation within 60 calendar days of the
22postmark date of the notice received pursuant to paragraph (1).
23Upon receipt of that notice or if no notice is provided within 65
24calendar days of the postmark date of the notice given pursuant to
25paragraph (1), the aggrieved employee
may commence a civil
26action pursuant to Section 2699.
27(B) If the agency intends to investigate the alleged violation, it
28shall notify the employer and the aggrieved employee or
29representative by certified mail of its decision within 65 calendar
30days of the postmark date of the notice received pursuant to
31paragraph (1). Within 120 calendar days of that decision, the
32agency may investigate the alleged violation and issue any
33appropriate citation. If the agency, during the course of its
34investigation, determines that additional time is necessary to
35complete the investigation, it may extend the time by not more
36than 60 additional calendar days and shall issue a notice of the
37extension. If the agency determines that no citation will be issued,
38it shall notify the employer and aggrieved employee of that decision
39within five business days thereof by certified mail. Upon receipt
40of that notice or if no citation is issued by the agency within the
P170 1time
limits prescribed by subparagraph (A) and this subparagraph
2or if the agency fails to provide timely or any notification, the
3aggrieved employee may commence a civil action pursuant to
4Section 2699.
5(C) Notwithstanding any other provision of law, a plaintiff may
6as a matter of right amend an existing complaint to add a cause of
7action arising under this part at any time within 60 days of the time
8periods specified in this part.
9(D) The time limits prescribed by this paragraph shall only apply
10if the notice required by paragraph (1) is filed with the agency on
11or after July 1, 2016. For notices submitted prior to July 1, 2016,
12the time limits in effect on the postmark date of the notice shall
13apply.
14(b) A civil action by an aggrieved employee pursuant to
15subdivision (a) or (f) of Section 2699
alleging a violation of any
16provision of Division 5 (commencing with Section 6300) other
17than those listed in Section 2699.5 shall commence only after the
18following requirements have been met:
19(1) The aggrieved employee or representative shall give notice
20by online filing with the Division of Occupational Safety and
21Health and by certified mail to the employer, with a copy to the
22Labor and Workforce Development Agency, of the specific
23provisions of Division 5 (commencing with Section 6300) alleged
24to have been violated, including the facts and theories to support
25the alleged violation.
26(2) (A) The division shall inspect or investigate the alleged
27violation pursuant to the procedures specified in Division 5
28(commencing with Section 6300).
29(i) If the division issues a citation, the employee may
not
30commence an action pursuant to Section 2699. The division shall
31notify the aggrieved employee and employer in writing within 14
32calendar days of certifying that the employer has corrected the
33violation.
34(ii) If by the end of the period for inspection or investigation
35provided for in Section 6317, the division fails to issue a citation
36and the aggrieved employee disputes that decision, the employee
37may challenge that decision in the superior court. In such an action,
38the superior court shall follow precedents of the Occupational
39Safety and Health Appeals Board. If the court finds that the division
40should have issued a citation and orders the division to issue a
P171 1citation, then the aggrieved employee may not commence a civil
2action pursuant to Section 2699.
3(iii) A complaint in superior court alleging a violation of
4Division 5 (commencing with Section 6300) other than those
listed
5in Section 2699.5 shall include therewith a copy of the notice of
6violation provided to the division and employer pursuant to
7paragraph (1).
8(iv) The superior court shall not dismiss the action for
9nonmaterial differences in facts or theories between those contained
10in the notice of violation provided to the division and employer
11pursuant to paragraph (1) and the complaint filed with the court.
12(B) If the division fails to inspect or investigate the alleged
13violation as provided by Section 6309, the provisions of subdivision
14(c) shall apply to the determination of the alleged violation.
15(3) (A) Nothing in this subdivision shall be construed to alter
16the authority of the division to permit long-term abatement periods
17or to enter into memoranda of understanding or joint agreements
18with
employers in the case of long-term abatement issues.
19(B) Nothing in this subdivision shall be construed to authorize
20an employee to file a notice or to commence a civil action pursuant
21to Section 2699 during the period that an employer has voluntarily
22entered into consultation with the division to ameliorate a condition
23in that particular worksite.
24(C) An employer who has been provided notice pursuant to this
25section may not then enter into consultation with the division in
26order to avoid an action under this section.
27(4) The superior court shall review and approve any proposed
28settlement of alleged violations of the provisions of Division 5
29(commencing with Section 6300) to ensure that the settlement
30provisions are at least as effective as the protections or remedies
31provided by state and federal law or regulation
for the alleged
32violation. The provisions of the settlement relating to health and
33safety laws shall be submitted to the division at the same time that
34they are submitted to the court. This requirement shall be construed
35to authorize and permit the division to comment on those settlement
36provisions, and the court shall grant the division’s commentary
37the appropriate weight.
38(c) A civil action by an aggrieved employee pursuant to
39subdivision (a) or (f) of Section 2699 alleging a violation of any
40provision other than those listed in Section 2699.5 or Division 5
P172 1(commencing with Section 6300) shall commence only after the
2following requirements have been met:
3(1) (A) The aggrieved employee or representative shall give
4written notice by online filing with the Labor and Workforce
5Development Agency and by certified mail to the employer of the
6specific provisions
of this code alleged to have been violated,
7including the facts and theories to support the alleged violation.
8(B) A notice filed with the Labor and Workforce Development
9Agency pursuant to subparagraph (A) and any employer response
10to that notice shall be accompanied by a filing fee of seventy-five
11dollars ($75). The fees required by this subparagraph are subject
12to waiver in accordance with the requirements of Sections 68632
13and 68633 of the Government Code.
14(C) The fees paid pursuant to subparagraph (B) shall be paid
15into the Labor and Workforce Development Fund and used for the
16purposes specified in subdivision (j) of Section 2699.
17(2) (A) The employer may cure the alleged violation within 33
18calendar days of the postmark date of the notice
sent by the
19aggrieved employee or representative. The employer shall give
20written notice within that period of time by certified mail to the
21aggrieved employee or representative and by online filing with
22the agency if the alleged violation is cured, including a description
23of actions taken, and no civil action pursuant to Section 2699 may
24commence. If the alleged violation is not cured within the 33-day
25period, the employee may commence a civil action pursuant to
26Section 2699.
27(B) (i) Subject to the limitation in clause (ii), no employer may
28avail himself or herself of the notice and cure provisions of this
29subdivision more than three times in a 12-month period for the
30same violation or violations contained in the notice, regardless of
31the location of the worksite.
32(ii) No employer may avail himself or herself of the notice and
33cure provisions of this
subdivision with respect to alleged violations
34of paragraph (6) or (8) of subdivision (a) of Section 226 more than
35once in a 12-month period for the same violation or violations
36contained in the notice, regardless of the location of the worksite.
37(3) If the aggrieved employee disputes that the alleged violation
38has been cured, the aggrieved employee or representative shall
39provide written notice by online filing with the agency and by
40certified mail to the employer, including specified grounds to
P173 1support that dispute, to the employer and the agency. Within 17
2calendar days of the receipt of that notice, the agency shall review
3the actions taken by the employer to cure the alleged violation,
4and provide written notice of its decision by certified mail to the
5aggrieved employee and the employer. The agency may grant the
6employer three additional business days to cure the alleged
7violation. If the agency determines that the alleged violation has
8
not been cured or if the agency fails to provide timely or any
9notification, the employee may proceed with the civil action
10pursuant to Section 2699. If the agency determines that the alleged
11violation has been cured, but the employee still disagrees, the
12employee may appeal that determination to the superior court.
13(d) The periods specified in this section are not counted as part
14of the time limited for the commencement of the civil action to
15recover penalties under this part.
16(e) This section shall remain in effect only until July 1, 2021,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before July 1, 2021, deletes or extends that date.
Section 2699.3 is added to the Labor Code, to read:
(a) A civil action by an aggrieved employee pursuant
21to subdivision (a) or (f) of Section 2699 alleging a violation of any
22provision listed in Section 2699.5 shall commence only after the
23following requirements have been met:
24(1) (A) The aggrieved employee or representative shall give
25written notice by online filing with the Labor and Workforce
26Development Agency and by certified mail to the employer of the
27specific provisions of this code alleged to have been violated,
28including the facts and theories to support the alleged violation.
29(B) A notice filed with the Labor and Workforce Development
30Agency pursuant to subparagraph (A)
and any employer response
31to that notice shall be accompanied by a filing fee of seventy-five
32dollars ($75). The fees required by this subparagraph are subject
33to waiver in accordance with the requirements of Sections 68632
34and 68633 of the Government Code.
35(C) The fees paid pursuant to subparagraph (B) shall be paid
36into the Labor and Workforce Development Fund and used for the
37purposes specified in subdivision (j) of Section 2699.
38(2) (A) The agency shall notify the employer and the aggrieved
39employee or representative by certified mail that it does not intend
40to investigate the alleged violation within 60 calendar days of the
P174 1postmark date of the notice received pursuant to paragraph (1).
2Upon receipt of that notice or if no notice is provided within 65
3calendar days of the postmark date of the notice given pursuant to
4paragraph
(1), the aggrieved employee may commence a civil
5action pursuant to Section 2699.
6(B) If the agency intends to investigate the alleged violation, it
7shall notify the employer and the aggrieved employee or
8representative by certified mail of its decision within 65 calendar
9days of the postmark date of the notice received pursuant to
10paragraph (1). Within 120 calendar days of that decision, the
11agency may investigate the alleged violation and issue any
12appropriate citation. If the agency determines that no citation will
13be issued, it shall notify the employer and aggrieved employee of
14that decision within five business days thereof by certified mail.
15Upon receipt of that notice or if no citation is issued by the agency
16within the time limits prescribed by subparagraph (A) and this
17subparagraph or if the agency fails to provide timely or any
18notification, the aggrieved employee may commence a civil action
19pursuant to
Section 2699.
20(C) Notwithstanding any other provision of law, a plaintiff may
21as a matter of right amend an existing complaint to add a cause of
22action arising under this part at any time within 60 days of the time
23periods specified in this part.
24(b) A civil action by an aggrieved employee pursuant to
25subdivision (a) or (f) of Section 2699 alleging a violation of any
26provision of Division 5 (commencing with Section 6300) other
27than those listed in Section 2699.5 shall commence only after the
28following requirements have been met:
29(1) The aggrieved employee or representative shall give notice
30by online filing with the Division of Occupational Safety and
31Health and by certified mail to the employer, with a copy to the
32Labor and Workforce Development
Agency, of the specific
33provisions of Division 5 (commencing with Section 6300) alleged
34to have been violated, including the facts and theories to support
35the alleged violation.
36(2) (A) The division shall inspect or investigate the alleged
37violation pursuant to the procedures specified in Division 5
38(commencing with Section 6300).
39(i) If the division issues a citation, the employee may not
40commence an action pursuant to Section 2699. The division shall
P175 1notify the aggrieved employee and employer in writing within 14
2calendar days of certifying that the employer has corrected the
3violation.
4(ii) If by the end of the period for inspection or investigation
5provided for in Section 6317, the division fails to issue a citation
6and the aggrieved
employee disputes that decision, the employee
7may challenge that decision in the superior court. In such an action,
8the superior court shall follow precedents of the Occupational
9Safety and Health Appeals Board. If the court finds that the division
10should have issued a citation and orders the division to issue a
11citation, then the aggrieved employee may not commence a civil
12action pursuant to Section 2699.
13(iii) A complaint in superior court alleging a violation of
14Division 5 (commencing with Section 6300) other than those listed
15in Section 2699.5 shall include therewith a copy of the notice of
16violation provided to the division and employer pursuant to
17paragraph (1).
18(iv) The superior court shall not dismiss the action for
19nonmaterial differences in facts or theories between those contained
20in the notice of violation provided to the
division and employer
21pursuant to paragraph (1) and the complaint filed with the court.
22(B) If the division fails to inspect or investigate the alleged
23violation as provided by Section 6309, the provisions of subdivision
24(c) shall apply to the determination of the alleged violation.
25(3) (A) Nothing in this subdivision shall be construed to alter
26the authority of the division to permit long-term abatement periods
27or to enter into memoranda of understanding or joint agreements
28with employers in the case of long-term abatement issues.
29(B) Nothing in this subdivision shall be construed to authorize
30an employee to file a notice or to commence a civil action pursuant
31to Section 2699 during the period that an employer has voluntarily
32entered into
consultation with the division to ameliorate a condition
33in that particular worksite.
34(C) An employer who has been provided notice pursuant to this
35section may not then enter into consultation with the division in
36order to avoid an action under this section.
37(4) The superior court shall review and approve any proposed
38settlement of alleged violations of the provisions of Division 5
39(commencing with Section 6300) to ensure that the settlement
40provisions are at least as effective as the protections or remedies
P176 1provided by state and federal law or regulation for the alleged
2violation. The provisions of the settlement relating to health and
3safety laws shall be submitted to the division at the same time that
4they are submitted to the court. This requirement shall be construed
5to authorize and permit the division to comment on those
settlement
6provisions, and the court shall grant the division’s commentary
7the appropriate weight.
8(c) A civil action by an aggrieved employee pursuant to
9subdivision (a) or (f) of Section 2699 alleging a violation of any
10provision other than those listed in Section 2699.5 or Division 5
11(commencing with Section 6300) shall commence only after the
12following requirements have been met:
13(1) (A) The aggrieved employee or representative shall give
14written notice by online filing with the Labor and Workforce
15Development Agency and by certified mail to the employer of the
16specific provisions of this code alleged to have been violated,
17including the facts and theories to support the alleged violation.
18(B) A notice filed with the Labor and Workforce
Development
19Agency pursuant to subparagraph (A) and any employer response
20to that notice shall be accompanied by a filing fee of seventy-five
21dollars ($75). The fees required by this subparagraph are subject
22to waiver in accordance with the requirements of Sections 68632
23and 68633 of the Government Code.
24(C) The fees paid pursuant to subparagraph (B) shall be paid
25into the Labor and Workforce Development Fund and used for the
26purposes specified in subdivision (j) of Section 2699.
27(2) (A) The employer may cure the alleged violation within 33
28calendar days of the postmark date of the notice sent by the
29aggrieved employee or representative. The employer shall give
30written notice within that period of time by certified mail to the
31aggrieved employee or representative and by online filing with
32the agency if the alleged violation is
cured, including a description
33of actions taken, and no civil action pursuant to Section 2699 may
34commence. If the alleged violation is not cured within the 33-day
35period, the employee may commence a civil action pursuant to
36Section 2699.
37(B) (i) Subject to the limitation in clause (ii), no employer may
38avail himself or herself of the notice and cure provisions of this
39subdivision more than three times in a 12-month period for the
P177 1same violation or violations contained in the notice, regardless of
2the location of the worksite.
3(ii) No employer may avail himself or herself of the notice and
4cure provisions of this subdivision with respect to alleged violations
5of paragraph (6) or (8) of subdivision (a) of Section 226 more than
6once in a 12-month period for the same violation or violations
7contained in the notice, regardless of the
location of the worksite.
8(3) If the aggrieved employee disputes that the alleged violation
9has been cured, the aggrieved employee or representative shall
10provide written notice by online filing with the agency and by
11certified mail to the employer, including specified grounds to
12support that dispute, to the employer and the agency. Within 17
13calendar days of the receipt of that notice, the agency shall review
14the actions taken by the employer to cure the alleged violation,
15and provide written notice of its decision by certified mail to the
16aggrieved employee and the employer. The agency may grant the
17employer three additional business days to cure the alleged
18violation. If the agency determines that the alleged violation has
19not been cured or if the agency fails to provide timely or any
20notification, the employee may proceed with the civil action
21pursuant to Section 2699. If the agency determines that the alleged
22
violation has been cured, but the employee still disagrees, the
23employee may appeal that determination to the superior court.
24(d) The periods specified in this section are not counted as part
25of the time limited for the commencement of the civil action to
26recover penalties under this part.
27(e) This section shall become operative on July 1, 2021.
Section 4724 of the Labor Code is amended to read:
The person or persons to whom the special death benefit
30is payable pursuant to Section 4722 shall file a claim therefor with
31the Department of General Services, which shall be processed
32pursuant to the provisions of Chapter 3 (commencing with Section
33900) of Part 2 of Division 3.6 of Title 1 of the Government Code.
Section 4725 of the Labor Code is amended to read:
The State Compensation Insurance Fund shall be the
36disbursing agent for payments made pursuant to this article and
37shall receive a fee for its services to be negotiated by the
38Department of General Services. Unless otherwise provided herein,
39payments shall be made in accordance with the provisions of this
40division.
Section 4726 of the Labor Code is amended to read:
The Department of General Services and the
3Administrative Director of the Division of Workers’ Compensation
4shall jointly adopt rules and regulations as may be necessary to
5carry out the provisions of this article.
Section 6507 of the Labor Code is amended to read:
The division shall set fees to be charged for permits and
8registrations in amounts reasonably necessary to cover the costs
9involved in administering the permitting and registration programs
10in this chapter. All permit and registration fees collected under
11this chapter shall be deposited in the Occupational Safety and
12Health Fund.
Section 7311.4 of the Labor Code is amended to
14read:
(a) The division shall establish fees for initial and
16renewal applications for certification under this chapter as a
17certified qualified conveyance inspector, certified qualified
18conveyance company, or certified competent conveyance mechanic
19based upon the costs to the division of administering the
20certification and licensing program in this chapter, including the
21cost of developing and administering any tests as well as any costs
22related to continuing education, investigation, revocation, or other
23associated costs. In fixing the amount of these fees, the division
24may include direct costs and a reasonable percentage attributable
25to the indirect costs of the division for administering this chapter.
26(b) Fees collected pursuant to this chapter are nonrefundable.
Section 7314 of the Labor Code is amended to read:
(a) The division shall, subject to subdivision (f), fix and
29collect fees for the inspection of conveyances as it determines to
30be necessary to cover the costs to the division of administering the
31inspection and permitting programs in this chapter, including fees
32for necessary subsequent inspections to determine if applicable
33safety orders have been complied with and for field consultations.
34In fixing 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, including the costs
37related to regulatory development as required by Section 7323.
38(b) Notwithstanding Section 6103 of the Government Code, the
39division may collect the fees authorized by
subdivision (a) from
40the state or any county, city, district, or other political subdivision.
P179 1(c) Whenever a person owning or having the custody,
2management, or operation of a conveyance fails to pay the fees
3required under this chapter within 60 days after the date of
4notification, he or she shall pay, in addition to the fees required
5under this chapter, a penalty fee equal to 100 percent of the fee.
6Failure to pay fees within 60 days after the date of notification
7constitutes cause for the division to prohibit use of the conveyance.
8(d) (1) Any fees required pursuant to this section shall, except
9as otherwise provided in paragraph (2), be set forth in regulations
10that shall be adopted as emergency regulations. These emergency
11regulations shall not be subject to the review and approval of the
12Office of Administrative Law pursuant to the Administrative
13
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
14Part 1 of Division 3 of Title 2 of the Government Code). These
15regulations shall become effective immediately upon filing with
16the Secretary of State.
17(2) A suspension or reduction of fees pursuant to subdivision
18(f) is not required to be set forth in a regulation.
19(e) For purposes of this section, the date of the invoice assessing
20a fee pursuant to this section shall be considered the date of
21notification.
22(f) (1) For the 2015-16 fiscal year, the fees for the annual and
23biennial inspection of conveyances required by Section 7304 are
24suspended on a one-time basis.
25(2) For the 2016-17 fiscal year, and for every fiscal year
26thereafter, the Director of Industrial Relations,
upon concurrence
27of the Department of Finance, may suspend or reduce the fees for
28the annual and biennial inspections of conveyances required by
29Section 7304 on a one-time basis for that fiscal year in order to
30reduce the amount of moneys in the Elevator Safety Account.
Section 7315 of the Labor Code is amended to read:
Fees shall be paid before the issuance of any permit to
33operate a conveyance, but a temporary permit may be issued
34pending receipt of fee payment. The division shall not charge an
35inspection fee if an inspection has been made by an inspector of
36an insurance company or municipality who holds a certificate as
37a conveyance inspector and an inspection report is filed with the
38division within 21 days after inspection is made. The division may
39charge a fee for processing and issuing the permit to operate.
The heading of Chapter 4 (commencing with Section
27340) of Part 3 of Division 5 of the Labor Code is amended to
3read:
4
Section 7340 of the Labor Code is amended to read:
As used in this chapter:
9(a) “Passenger tramway” includes any method or device used
10primarily for the purpose of transporting persons by means of
11cables or ropes suspended between two or more points or
12structures.
13(b) “Permit” means a permit issued by the division to operate
14a passenger tramway in any place.
Section 7341 of the Labor Code is amended to read:
A passenger tramway shall not be operated in any place
17in this state unless a permit for the operation of the tramway is
18issued by the division, and unless the permit remains in effect and
19is kept posted conspicuously in the main operating terminal of the
20tramway.
Section 7342 of the Labor Code is amended to read:
The operation of a passenger tramway by any person
23owning or having the custody, management, or operation thereof
24without a permit is a misdemeanor, and each day of operation
25without a permit is a separate offense. No prosecution shall be
26maintained where the issuance or renewal of a permit has been
27requested and remains unacted upon.
Section 7343 of the Labor Code is amended to read:
Whenever a passenger tramway in any place is being
30operated without the permit herein required, and is in such
31condition that its use is dangerous to the life or safety of any
32person, the division, or any person affected thereby, may apply to
33the superior court of the county in which the passenger tramway
34is located for an injunction restraining the operation of the
35passenger tramway until the condition is corrected. Proof by
36certification of the division that a permit has not been issued,
37together with the affidavit of any safety engineer of the division
38that the operation of the passenger tramway is dangerous to the
39life or safety of any person, is sufficient ground, in the discretion
P181 1of the court, for the immediate granting of a temporary restraining
2order.
Section 7344 of the Labor Code is amended to read:
(a) The division shall cause all passenger tramways to
5be inspected at least two times each year.
6(b) At least one of the inspections required by subdivision (a)
7shall take place between November 15 of each year and March 15
8of the succeeding year.
9(c) If a passenger tramway is found upon inspection to be in a
10safe condition for operation, a permit for operation for not longer
11than one year shall be issued by the division.
Section 7345 of the Labor Code is amended to read:
If inspection shows a passenger tramway to be in an
14unsafe condition, the division may issue a preliminary order
15requiring repairs or alterations to be made to the passenger tramway
16that are necessary to render it safe, and may order the operation
17or use thereof discontinued until the repairs or alterations are made
18or the unsafe conditions are removed.
Section 7346 of the Labor Code is amended to read:
Unless the preliminary order is complied with, a hearing
21before the division shall be allowed, upon request, at which the
22owner, operator, or other person in charge of the passenger
23tramway may appear and show cause why he should not comply
24with the order.
Section 7347 of the Labor Code is amended to read:
If it thereafter appears to the division that the passenger
27tramway is unsafe and that the requirements contained in the
28preliminary order should be complied with, or that other things
29should be done to make the passenger tramway safe, the division
30may order or confirm the withholding of the permit and may make
31requirements as it determines to be proper for its repair or alteration
32or for the correction of the unsafe condition. The order may
33thereafter be reheard by the division or reviewed by the courts
34only in the manner specified for safety orders by Part 1
35(commencing with Section 6300).
Section 7348 of the Labor Code is amended to read:
If the operation of a passenger tramway during the
38making of repairs or alterations is not immediately dangerous to
39the safety of employees or others, the division may issue a
P182 1temporary permit for the operation of the tramway for a term not
2to exceed 30 days during the making of repairs or alterations.
Section 7350 of the Labor Code is amended to read:
(a) The division shall fix and collect fees for the
5inspection of passenger tramways as it deems necessary to cover
6the costs of the division in administering this chapter. In fixing the
7amount of these fees, the division may include direct costs and a
8reasonable percentage attributable to the indirect costs of the
9division for administering this chapter. The division shall not
10charge an inspection fee for inspections performed by certified
11insurance inspectors, but may charge a fee for processing the permit
12when issued by the division as a result of the inspection.
13Notwithstanding Section 6103 of the Government Code, the
14division may collect the fees authorized by this section from the
15state or any county, city, district, or other political subdivision.
16(b) Whenever a person owning or having custody, management,
17or operation of a passenger tramway fails to pay any fee required
18under this chapter within 60 days after the date of notification by
19the division, the division shall assess a penalty fee equal to 100
20percent of the initial fee. For purposes of this section, the date of
21the invoice fixing the fee shall be considered the date of
22notification.
Section 7351 of the Labor Code is amended to read:
Fees shall be paid before issuance of a permit to operate
25a passenger tramway, except that the division, at its own discretion,
26may issue a temporary operating permit not to exceed 30 days,
27pending receipt of payment of fees.
Section 7352 of the Labor Code is amended to read:
(a) All fees collected by the division under this chapter
30shall be deposited into the Occupational Safety and Health Fund
31to support the division’s passenger tramway inspection program.
32(b) On the effective date of the statute adding this subdivision,
33any moneys in the Elevator Safety Account that, before that date,
34were deposited pursuant to this section, subdivision (a) of Section
357904, or subdivision (b) of Section 7929 shall be transferred to the
36Occupational Safety and Health Fund, together with any assets,
37liabilities, revenues, expenditures, and encumbrances of that fund
38that are attributable to the division’s passenger tramway inspection
39program under this chapter, the portable amusement ride inspection
40program under
Part 8 (commencing with Section 7900), and the
P183 1Permanent Amusement Ride Safety Inspection Program (Part 8.1
2(commencing with Section 7920)).
Section 7353 of the Labor Code is amended to read:
(a) A passenger tramway shall not be constructed or
5altered until the plans and design information have been properly
6certified to the division by an engineer qualified under the
7Professional Engineers Act (Chapter 7 (commencing with Section
86700) of Division 3 of the Business and Professions Code).
9(b) Any person who owns, has custody of, manages, or operates
10a passenger tramway shall notify the division prior to any major
11repair of the tramway.
Section 7354 of the Labor Code is amended to read:
The division shall not issue an operating permit to operate
14a passenger tramway until it receives certification in writing by
15an engineer qualified under the Professional Engineers Act
16(Chapter 7 (commencing with Section 6700) of Division 3 of the
17Business and Professions Code) that the erection work on the
18tramway has been completed in accordance with the design and
19erection plans for the tramway.
Section 7354.5 of the Labor Code is amended to
21read:
(a) Notwithstanding any other provision of this chapter,
23in any case in which an insurer admitted to transact insurance in
24this state has inspected or caused to be inspected, by a qualified,
25licensed professional engineer registered in California pursuant to
26Chapter 7 (commencing with Section 6700) of Division 3 of the
27Business and Professions Code, any passenger tramway used as a
28ski lift, the division may, if it finds those inspections were made
29according to subdivisions (a) and (b) of Section 7344, accept the
30inspections in lieu of any other inspections for that year, except
31that the initial inspection of a new ski lift or of a major alteration
32to an existing ski lift shall be performed by a division safety
33engineer. A private inspector shall, before commencing his or her
34duties
therein, secure from the division a certificate of competency
35to make inspections. The division may determine the competency
36of any applicant for a certificate, either by examination or by other
37satisfactory proof of qualification.
38(b) The division may rescind at any time, upon good cause being
39shown therefor, and after hearing, if requested, any certificate of
40competency issued by it to a ski lift inspector. The inspection
P184 1reports made to the division shall be in a form and content as the
2division finds necessary for acceptance as a proper inspection made
3by a private inspector.
Section 7356 of the Labor Code is amended to read:
The division shall, under the authority of Section 7355,
6promulgate and cause to be published safety orders directing each
7owner or operator of a passenger tramway to report to the division
8each known incident where the maintenance, operation, or use of
9the tramway results in injury to any person, unless the injury does
10not require medical service other than ordinary first aid treatment.
Section 7357 of the Labor Code is amended to read:
The division shall establish standards for the qualification
13of persons engaged in the operation of passenger tramways,
14whether as employees or otherwise. The standards shall be
15consistent with the general objective of this chapter in providing
16for the safety of members of the public who use passenger
17tramways and those engaged in their operation.
Section 7373 of the Labor Code is amended to read:
(a) A tower crane shall not be operated at any worksite
20unless an employer obtains a permit from the division. The division
21shall conduct an investigation for purposes of issuing a permit in
22an expeditious manner. If the division does not issue a permit
23within 10 days after being requested to do so by a crane employer,
24the crane employer may operate the crane without a permit.
25(b) The division shall set fees to be charged for these permits
26in an amount sufficient to cover the costs of administering this
27article. In fixing the amount of these fees, the division may include
28direct costs and a reasonable percentage attributable to the indirect
29costs of the division for administering this article.
30(c) The permit for a fixed tower crane shall be valid for the
31period of time that the tower crane is fixed to the site.
32(d) The permit for a mobile tower crane shall be valid for one
33calendar year.
Section 7380 of the Labor Code is repealed.
Section 7380 is added to the Labor Code, to read:
(a) The division shall set fees for the examination and
37licensing of crane certifiers as necessary to cover the costs of
38administering this article. In fixing the amount of these fees, the
39division may include direct costs and a reasonable percentage
P185 1attributable to the indirect costs of the division for administering
2this article.
3(b) All fees collected by the division under this chapter shall be
4deposited into the Occupational Safety and Health Fund.
Section 7720 of the Labor Code is amended to read:
The division shall not charge an inspection fee where
7an inspection is made by a certified inspector if the inspection has
8been made and reports have been submitted within the time limits
9specified in this part.
Section 7721 of the Labor Code is amended to read:
(a) The division shall fix and collect fees for the shop,
12field, and resale inspection of tanks and boilers and for
13consultations, surveys, audits, and other activities required or
14related to national standards concerning the design or construction
15of boilers or pressure vessels or for evaluating fabricator’s plant
16facilities when these services are requested of the division by
17entities desiring these services. The division shall fix and collect
18the fees for the inspection of pressure vessels by a division safety
19engineer. The division may charge an additional fee for necessary
20subsequent inspections to determine if applicable safety orders
21have been complied with.
22(b) The division shall charge a fee for processing a permit.
23(c) The division shall fix and collect fees for field consultations
24regarding pressure vessels.
25(d) Whenever a person owning or having the custody,
26management, or operation of a pressure vessel fails to pay the fees
27required under this chapter within 60 days after notification, he or
28she shall pay, in addition to the fees required under this chapter,
29a penalty fee equal to 100 percent of the fee.
30(e) Any fees required pursuant to this section shall be in amounts
31sufficient to cover the direct and indirect costs of the division for
32administering this part and shall be adopted as emergency
33regulations. These emergency regulations shall not be subject to
34the review and approval of the Office of Administrative Law
35pursuant to the provisions of the Administrative Procedure Act
36provided for in Chapter 3.5
(commencing with Section 11340) of
37Part 1 of Division 3 of Title 2 of the Government Code. These
38regulations shall become effective immediately upon filing with
39the Secretary of State.
Section 7722 of the Labor Code is amended to read:
(a) The fees collected under this part shall be paid into
2the Pressure Vessel Account, which is hereby created, to be used
3for the administration of the division pressure vessel safety
4program.
5(b) The division shall establish criteria upon which fee charges
6are based and prepare an annual report concerning revenues
7obtained and expenditures appropriated for the pressure vessel
8safety program. The division shall file the report with the
9Legislative Analyst, the Joint Legislative Audit Committee, and
10the Department of Finance.
Section 7904 of the Labor Code is amended to read:
(a) The division shall fix and collect all fees necessary
13to cover the cost of administering this part. Fees shall be charged
14to a person or entity receiving the division’s services as provided
15by this part, as set out in regulations adopted pursuant to this part,
16including, but not limited to, approvals, determinations, permits,
17investigations, inspections and reinspections, certifications and
18recertifications, receipt and review of certificates, and reports and
19inspections. In fixing the amount of these fees, the division may
20include direct costs and a reasonable percentage attributable to the
21indirect costs of the division for administering this part. All fees
22collected by the division under this section shall be deposited into
23the Occupational Safety and Health Fund to support the
division’s
24portable amusement ride inspection program.
25(b) Any fees required pursuant to this section shall be set forth
26in regulations. For the 2016-17 fiscal year, those regulations shall
27be adopted as emergency regulations. These emergency regulations
28shall not be subject to the review and approval of the Office of
29Administrative Law pursuant to the rulemaking provisions of the
30Administrative Procedure Act provided for in Chapter 3.5
31(commencing with Section 11340) of Part 1 of Division 3 of Title
322 of the Government Code. These emergency regulations shall
33become effective immediately upon filing with the Secretary of
34State.
35(c) The division shall annually prepare and post on its Internet
36Web site a report summarizing all inspections of amusement rides
37and accidents occurring on amusement rides. This report may
38contain route location information submitted to the division by
39
permit applicants.
Section 7924 of the Labor Code is amended to read:
(a) On an annual basis, an owner of a permanent
2amusement ride shall submit to the division a certificate of
3compliance on a form prescribed by the division, which shall
4include the following:
5(1) The legal name and address of the owner and his or her
6representative, if any, and the primary place of business of the
7owner.
8(2) A description of, the name of the manufacturer of, and, if
9given by the manufacturer, the serial number and model number
10of, the permanent amusement ride.
11(3) A written declaration, executed by a qualified safety
12inspector, stating that, within the preceding 12-month period,
the
13permanent amusement ride was inspected by the qualified safety
14inspector and that the permanent amusement ride is in material
15conformance with this section and all applicable rules and
16regulations adopted by the division and standards board.
17(b) The owner of multiple permanent amusement rides at a
18single site may submit a single certificate of compliance that
19provides the information required by subdivision (a) for each
20permanent amusement ride at that site.
21(c) A certificate of compliance shall not be required until one
22year following the promulgation of any rules or regulations by the
23division governing the submission of the certificates.
24(d) A person shall not operate a permanent amusement ride that
25was inspected by a qualified safety inspector or division inspector
26and found to be unsafe unless all necessary
repairs or
27modifications, or both, to the ride have been completed and
28certified as completed by a qualified safety inspector.
29(e) For the purposes of satisfying this section, a qualified safety
30inspector shall meet the requirements in subdivision (c) of Section
317921 and shall be certified by the division. A qualified safety
32inspector shall be recertified every two years following his or her
33initial certification. A qualified safety inspector may be an
34in-house, full-time safety inspector of the owner of the permanent
35amusement ride, an employee or agent of the insurance underwriter
36or insurance broker of the permanent amusement ride, an employee
37or agent of the manufacturer of the amusement ride, or an
38independent consultant or contractor.
39(f) The owner of a permanent amusement ride shall maintain
40all of the records necessary to demonstrate that the requirements
P188 1of this section
have been met, including, but not limited to,
2employee training records, maintenance, repair, and inspection
3records for each permanent amusement ride, and records of
4accidents of which the operator has knowledge, that resulted from
5the failure, malfunction, or operation of a permanent amusement
6ride and that required medical service other than ordinary first aid,
7and shall make those records available to a division inspector upon
8request. The owner shall make those records available for
9inspection by the division during normal business hours at the
10owner’s permanent place of business. The owner or representative
11of the owner may be present when the division inspects the records.
12The division shall conduct an inspection of the operation of each
13ride at the permanent amusement park in conjunction with an
14inspection of records conducted pursuant to this subdivision, except
15that the division is not required to conduct an operational inspection
16of a ride pursuant to this subdivision if a qualified safety
inspector
17employed by the division has already inspected the operation of
18that ride in connection with the execution of the current annual
19certificate of compliance pursuant to subdivision (a).
20(g) Upon receipt of a certificate of compliance, the division
21shall notify the owner of the permanent amusement ride or rides
22for which a certificate is submitted whether the certificate meets
23all the requirements of this section, and if not, what requirements
24must still be met.
25(h) The division shall, in addition to the annual inspection
26performed by the division pursuant to subdivision (f), inspect the
27records for a permanent amusement ride or the ride, or both, under
28either of the following circumstances:
29(1) The division finds that the certificate of compliance
30submitted pursuant to this section
for the ride is fraudulent.
31(2) The division determines, pursuant to regulations it has
32adopted, that a permanent amusement ride has a disproportionately
33high incidence of accidents required to be reported pursuant to
34Section 7925.
35(i) The division shall conduct its inspections with the least
36disruption to the normal operation of the permanent park.
Section 7929 of the Labor Code is amended to read:
(a) The division shall fix and collect all fees necessary
39to cover the cost to the division of administering this part. Fees
40shall be charged to a person or entity receiving the division’s
P189 1services as provided by this part, as set out in regulations adopted
2pursuant to this part, including, but not limited to, approvals,
3determinations, certifications and recertifications, receipt and
4review of certificates, and inspections. In fixing the amount of
5these fees, the division may include direct costs and a reasonable
6percentage attributable to the indirect costs of the division for
7administering this part. Notwithstanding Section 6103 of the
8Government Code, the division may collect these fees from the
9state or any county, city, district, or other political subdivision.
10(b) All fees collected pursuant to this section shall be deposited
11into the Occupational Safety and Health Fund to support the
12Permanent Amusement Ride Safety Inspection Program.
13(c) Whenever a person owning or having custody, management,
14or operation of a permanent amusement ride fails to pay any fee
15required under this part within 60 days after the date of notification
16by the division, the division shall assess a penalty equal to 100
17percent of the initial fee. For purposes of this section, the date of
18the invoice fixing the fee shall be considered the date of
19notification.
Section 7991 of the Labor Code is amended to read:
(a) To obtain a license under Section 7990, and to renew
22that license, a person shall pass an oral and written examination
23given by the division. The division shall offer the examination in
24Spanish, or any other language, when requested by the applicant.
25The division shall administer an examination orally when requested
26by an applicant who cannot write. Licenses shall be renewable
27every five years.
28(b) The division shall set a nonrefundable fee for processing
29applications for licenses required by Section 7990 and a fee for
30administering examinations under this section. In fixing the amount
31of these fees, the division may include direct costs and a reasonable
32percentage attributable to the indirect costs of the division for
33
administering this chapter. Those fees shall be deposited into the
34Occupational Safety and Health Fund.
Section 8001 of the Labor Code is amended to read:
The division shall charge a fee sufficient to cover the
37direct and indirect costs of the division to administer the
38examination and certification of gas testers and safety
39representatives for tunnels and mines. Renewals shall be made
40every five years.
Section 8002 of the Labor Code is amended to read:
All fees from applications shall be nonrefundable. Those
3fees shall be deposited into the Occupational Safety and Health
4Fund.
Section 9021.6 of the Labor Code is amended to
6read:
(a) The division shall charge a fee to each asbestos
8consultant and site surveillance technician who applies for
9certification pursuant to subdivision (b) of Section 9021.5 and
10Article 11 (commencing with Section 7180) of Chapter 9 of
11Division 3 of the Business and Professions Code. The fee shall be
12sufficient to cover the direct and indirect costs to the division for
13administering the certification process, including preparation and
14administration of the examination. The fees collected shall be
15deposited in the Occupational Safety and Health Fund.
16Establishment of any fee pursuant to this section shall be
17accomplished through the regulatory process required by
18subdivision (b) of Section 9021.5.
19(b) On the effective date of
the measure adding this subdivision,
20any moneys in the Asbestos Training and Consultant Certification
21Fund and any assets, liabilities, revenues, expenditures, and
22encumbrances of that fund shall be transferred to the Occupational
23Safety and Health Fund.
Section 9021.7 of the Labor Code is repealed.
Section 9021.9 of the Labor Code is amended to
26read:
(a) The division shall establish an advisory committee
28to develop and recommend by September 30, 1994, for action by
29the standards board in accordance with Section 142.3, specific
30requirements for hands-on, task-specific training programs for all
31craft employees who may be exposed to asbestos-containing
32construction materials and all employees and supervisors involved
33in operations pertaining to asbestos cement pipe, as specified in
34subdivision (c) of Section 6501.8. The training programs shall
35include, but not be limited to, the following information:
36(1) The physical characteristics and health hazards of asbestos.
37(2) The types of asbestos cement pipe or
asbestos-containing
38construction materials an employee may encounter in his or her
39specific work assignments.
P191 1(3) Safe practices and procedures for minimizing asbestos
2exposures from operations involving asbestos cement pipe or
3asbestos-containing construction materials.
4(4) A review of general industry and construction safety orders
5relating to asbestos exposure.
6(5) Hands-on instruction using pipe or other construction
7materials and the tools and equipment employees will use in the
8workplace.
9(b) The division shall approve training entities to conduct
10task-specific training programs that include the requirements
11prescribed by the standards board pursuant to this section for
12employees and supervisors involved in operations pertaining to
13asbestos cement
pipe or asbestos-containing construction materials.
14(c) The division shall charge a fee to each asbestos training
15entity approved by the division pursuant to subdivision (b). The
16fee shall be sufficient to cover the division’s direct and indirect
17costs for administering the approval process provided for in
18subdivision (b). The fees collected shall be deposited in the
19Occupational Safety and Health Fund. Establishment of any fee
20pursuant to this section shall be accomplished through the
21regulatory process required by subdivision (b) of Section 9021.5.
Section 422.92 of the Penal Code is amended to
23read:
(a) Every state and local law enforcement agency in
25this state shall make available a brochure on hate crimes to victims
26of these crimes and the public.
27(b) The Department of Fair Employment and Housing shall
28provide existing brochures, making revisions as needed, to local
29law enforcement agencies upon request for reproduction and
30distribution to victims of hate crimes and other interested parties.
31In carrying out these responsibilities, the department shall consult
32the Fair Employment and Housing Council, the Department of
33Justice, and the California Victim Compensation Board.
Section 600.2 of the Penal Code is amended to read:
(a) It is a crime for any person to permit any dog which
36is owned, harbored, or controlled by him or her to cause injury to
37or the death of any guide, signal, or service dog, as defined by
38Section 54.1 of the Civil Code, while the guide, signal, or service
39dog is in discharge of its duties.
P192 1(b) A violation of this section is an infraction punishable by a
2fine not to exceed two hundred fifty dollars ($250) if the injury or
3death to any guide, signal, or service dog is caused by the person’s
4failure to exercise ordinary care in the control of his or her dog.
5(c) A violation of this section is a misdemeanor if the injury or
6death to any guide, signal, or service dog is caused by the person’s
7reckless
disregard in the exercise of control over his or her dog,
8under circumstances that constitute such a departure from the
9conduct of a reasonable person as to be incompatible with a proper
10regard for the safety and life of any guide, signal, or service dog.
11A violation of this subdivision shall be punishable by imprisonment
12in a county jail not exceeding one year, or by a fine of not less
13than two thousand five hundred dollars ($2,500) nor more than
14five thousand dollars ($5,000), or both. The court shall consider
15the costs ordered pursuant to subdivision (d) when determining
16the amount of any fines.
17(d) In any case in which a defendant is convicted of a violation
18of this section, the defendant shall be ordered to make restitution
19to the person with a disability who has custody or ownership of
20the guide, signal, or service dog for any veterinary bills and
21replacement costs of the dog if it is disabled or killed, or other
22reasonable costs deemed
appropriate by the court. The costs
23ordered pursuant to this subdivision shall be paid prior to any fines.
24The person with the disability may apply for compensation by the
25California Victim Compensation Board pursuant to Chapter 5
26(commencing with Section 13950) of Part 4 of Division 3 of Title
272 of the Government Code, in an amount not to exceed ten
28thousand dollars ($10,000).
Section 600.5 of the Penal Code is amended to read:
(a) Any person who intentionally causes injury to or
31the death of any guide, signal, or service dog, as defined by Section
3254.1 of the Civil Code, while the dog is in discharge of its duties,
33is guilty of a misdemeanor, punishable by imprisonment in a county
34jail not exceeding one year, or by a fine not exceeding ten thousand
35dollars ($10,000), or by both a fine and imprisonment. The court
36shall consider the costs ordered pursuant to subdivision (b) when
37determining the amount of any fines.
38(b) In any case in which a defendant is convicted of a violation
39of this section, the defendant shall be ordered to make restitution
40to the person with a disability who has custody or ownership of
P193 1the dog for any veterinary bills and replacement costs of the dog
2if it is disabled
or killed, or other reasonable costs deemed
3appropriate by the court. The costs ordered pursuant to this
4subdivision shall be paid prior to any fines. The person with the
5disability may apply for compensation by the California Victim
6Compensation Board pursuant to Chapter 5 (commencing with
7Section 13950) of Part 4 of Division 3 of Title 2 of the Government
8Code, in an amount not to exceed ten thousand dollars ($10,000).
Section 851.8 of the Penal Code is amended to read:
(a) In any case where a person has been arrested and
11no accusatory pleading has been filed, the person arrested may
12petition the law enforcement agency having jurisdiction over the
13offense to destroy its records of the arrest. A copy of the petition
14shall be served upon the prosecuting attorney of the county or city
15having jurisdiction over the offense. The law enforcement agency
16having jurisdiction over the offense, upon a determination that the
17person arrested is factually innocent, shall, with the concurrence
18of the prosecuting attorney, seal its arrest records, and the petition
19for relief under this section for three years from the date of the
20arrest and thereafter destroy its arrest records and the petition. The
21law enforcement agency having jurisdiction over the offense shall
22notify the Department of Justice, and any law
enforcement agency
23that arrested the petitioner or participated in the arrest of the
24petitioner for an offense for which the petitioner has been found
25factually innocent under this subdivision, of the sealing of the
26arrest records and the reason therefor. The Department of Justice
27and any law enforcement agency so notified shall forthwith seal
28their records of the arrest and the notice of sealing for three years
29from the date of the arrest, and thereafter destroy their records of
30the arrest and the notice of sealing. The law enforcement agency
31having jurisdiction over the offense and the Department of Justice
32shall request the destruction of any records of the arrest which they
33have given to any local, state, or federal agency or to any other
34person or entity. Each agency, person, or entity within the State
35of California receiving the request shall destroy its records of the
36arrest and the request, unless otherwise provided in this section.
37(b) If, after receipt by both the law enforcement agency and the
38prosecuting attorney of a petition for relief under subdivision (a),
39the law enforcement agency and prosecuting attorney do not
40respond to the petition by accepting or denying the petition within
P194 160 days after the running of the relevant statute of limitations or
2within 60 days after receipt of the petition in cases where the statute
3of limitations has previously lapsed, then the petition shall be
4deemed to be denied. In any case where the petition of an arrestee
5to the law enforcement agency to have an arrest record destroyed
6is denied, petition may be made to the superior court that would
7have had territorial jurisdiction over the matter. A copy of the
8petition shall be served on the law enforcement agency and the
9prosecuting attorney of the county or city having jurisdiction over
10the offense at least 10 days prior to the hearing thereon. The
11prosecuting attorney and the law enforcement agency through the
12district attorney may
present evidence to the court at the hearing.
13Notwithstanding Section 1538.5 or 1539, any judicial determination
14of factual innocence made pursuant to this section may be heard
15and determined upon declarations, affidavits, police reports, or
16any other evidence submitted by the parties which is material,
17relevant, and reliable. A finding of factual innocence and an order
18for the sealing and destruction of records pursuant to this section
19shall not be made unless the court finds that no reasonable cause
20exists to believe that the arrestee committed the offense for which
21the arrest was made. In any court hearing to determine the factual
22innocence of a party, the initial burden of proof shall rest with the
23petitioner to show that no reasonable cause exists to believe that
24the arrestee committed the offense for which the arrest was made.
25If the court finds that this showing of no reasonable cause has been
26made by the petitioner, then the burden of proof shall shift to the
27respondent to show that a reasonable
cause exists to believe that
28the petitioner committed the offense for which the arrest was made.
29If the court finds the arrestee to be factually innocent of the charges
30for which the arrest was made, then the court shall order the law
31enforcement agency having jurisdiction over the offense, the
32Department of Justice, and any law enforcement agency which
33arrested the petitioner or participated in the arrest of the petitioner
34for an offense for which the petitioner has been found factually
35innocent under this section to seal their records of the arrest and
36the court order to seal and destroy the records, for three years from
37the date of the arrest and thereafter to destroy their records of the
38arrest and the court order to seal and destroy those records. The
39court shall also order the law enforcement agency having
40jurisdiction over the offense and the Department of Justice to
P194 1request the destruction of any records of the arrest which they have
2given to any local, state, or federal agency, person or entity.
Each
3state or local agency, person or entity within the State of California
4receiving such a request shall destroy its records of the arrest and
5the request to destroy the records, unless otherwise provided in
6this section. The court shall give to the petitioner a copy of any
7court order concerning the destruction of the arrest records.
8(c) In any case where a person has been arrested, and an
9accusatory pleading has been filed, but where no conviction has
10occurred, the defendant may, at any time after dismissal of the
11action, petition the court that dismissed the action for a finding
12that the defendant is factually innocent of the charges for which
13the arrest was made. A copy of the petition shall be served on the
14prosecuting attorney of the county or city in which the accusatory
15pleading was filed at least 10 days prior to the hearing on the
16petitioner’s factual innocence. The prosecuting attorney may
17present evidence to the court at the
hearing. The hearing shall be
18conducted as provided in subdivision (b). If the court finds the
19petitioner to be factually innocent of the charges for which the
20arrest was made, then the court shall grant the relief as provided
21in subdivision (b).
22(d) In any case where a person has been arrested and an
23accusatory pleading has been filed, but where no conviction has
24occurred, the court may, with the concurrence of the prosecuting
25attorney, grant the relief provided in subdivision (b) at the time of
26the dismissal of the accusatory pleading.
27(e) Whenever any person is acquitted of a charge and it appears
28to the judge presiding at the trial at which the acquittal occurred
29that the defendant was factually innocent of the charge, the judge
30may grant the relief provided in subdivision (b).
31(f) In any case where a person who
has been arrested is granted
32relief pursuant to subdivision (a) or (b), the law enforcement agency
33having jurisdiction over the offense or court shall issue a written
34declaration to the arrestee stating that it is the determination of the
35law enforcement agency having jurisdiction over the offense or
36court that the arrestee is factually innocent of the charges for which
37the person was arrested and that the arrestee is thereby exonerated.
38Thereafter, the arrest shall be deemed not to have occurred and
39the person may answer accordingly any question relating to its
40occurrence.
P196 1(g) The Department of Justice shall furnish forms to be utilized
2by persons applying for the destruction of their arrest records and
3for the written declaration that one person was found factually
4innocent under subdivisions (a) and (b).
5(h) Documentation of arrest records destroyed pursuant to
6subdivision (a),
(b), (c), (d), or (e) that are contained in
7investigative police reports shall bear the notation “Exonerated”
8whenever reference is made to the arrestee. The arrestee shall be
9notified in writing by the law enforcement agency having
10jurisdiction over the offense of the sealing and destruction of the
11arrest records pursuant to this section.
12(i) (1) Any finding that an arrestee is factually innocent pursuant
13to subdivision (a), (b), (c), (d), or (e) shall not be admissible as
14evidence in any action.
15(2) Notwithstanding paragraph (1), a finding that an arrestee is
16factually innocent pursuant to subdivisions (a) to (e), inclusive,
17shall be admissible as evidence at a hearing before the California
18Victim Compensation Board.
19(j) Destruction of records of arrest pursuant to subdivision (a),
20(b), (c),
(d), or (e) shall be accomplished by permanent obliteration
21of all entries or notations upon the records pertaining to the arrest,
22and the record shall be prepared again so that it appears that the
23arrest never occurred. However, where (1) the only entries on the
24record pertain to the arrest and (2) the record can be destroyed
25without necessarily affecting the destruction of other records, then
26the document constituting the record shall be physically destroyed.
27(k) No records shall be destroyed pursuant to subdivision (a),
28(b), (c), (d), or (e) if the arrestee or a codefendant has filed a civil
29action against the peace officers or law enforcement jurisdiction
30which made the arrest or instituted the prosecution and if the
31agency which is the custodian of the records has received a certified
32copy of the complaint in the civil action, until the civil action has
33been resolved. Any records sealed pursuant to this section by the
34court in the civil
actions, upon a showing of good cause, may be
35opened and submitted into evidence. The records shall be
36confidential and shall be available for inspection only by the court,
37jury, parties, counsel for the parties, and any other person
38authorized by the court. Immediately following the final resolution
39of the civil action, records subject to subdivision (a), (b), (c), (d),
P197 1or (e) shall be sealed and destroyed pursuant to subdivision (a),
2(b), (c), (d), or (e).
3(l) For arrests occurring on or after January 1, 1981, and for
4accusatory pleadings filed on or after January 1, 1981, petitions
5for relief under this section may be filed up to two years from the
6date of the arrest or filing of the accusatory pleading, whichever
7is later. Until January 1, 1983, petitioners can file for relief under
8this section for arrests which occurred or accusatory pleadings
9which were filed up to five years prior to the effective date of the
10statute. Any time
restrictions on filing for relief under this section
11may be waived upon a showing of good cause by the petitioner
12and in the absence of prejudice.
13(m) Any relief which is available to a petitioner under this
14section for an arrest shall also be available for an arrest which has
15been deemed to be or described as a detention under Section 849.5
16or 851.6.
17(n) This section shall not apply to any offense which is classified
18as an infraction.
19(o) (1) This section shall be repealed on the effective date of a
20final judgment based on a claim under the California or United
21States Constitution holding that evidence that is relevant, reliable,
22and material may not be considered for purposes of a judicial
23determination of factual innocence under this section. For purposes
24of this subdivision, a judgment by
the appellate division of a
25superior court is a final judgment if it is published and if it is not
26reviewed on appeal by a court of appeal. A judgment of a court of
27appeal is a final judgment if it is published and if it is not reviewed
28by the California Supreme Court.
29(2) Any decision referred to in this subdivision shall be stayed
30pending appeal.
31(3) If not otherwise appealed by a party to the action, any
32decision referred to in this subdivision which is a judgment by the
33appellate division of the superior court shall be appealed by the
34Attorney General.
35(p) A judgment of the court under subdivision (b), (c), (d), or
36(e) is subject to the following appeal path:
37(1) In a felony case, appeal is to the court of appeal.
38(2) In a misdemeanor case, or in a case in which no accusatory
39pleading was filed, appeal is to the appellate division of the superior
40court.
Section 851.865 of the Penal Code is amended to
2read:
(a) If a person has secured a declaration of factual
4innocence from the court pursuant to Section 851.8 or 851.86, the
5finding shall be sufficient grounds for payment of compensation
6for a claim made pursuant to Section 4900. Upon application by
7the person, the California Victim Compensation Board shall,
8without a hearing, recommend to the Legislature that an
9appropriation be made and the claim paid pursuant to Section 4904.
10(b) If the declaration of factual innocence is granted pursuant
11to a stipulation of the prosecutor, the duty of the board to, without
12a hearing, recommend to the Legislature payment of the claim,
13shall apply.
Section 987.9 of the Penal Code is amended to read:
(a) In the trial of a capital case or a case under
16subdivision (a) of Section 190.05, the indigent defendant, through
17the defendant’s counsel, may request the court for funds for the
18specific payment of investigators, experts, and others for the
19preparation or presentation of the defense. The application for
20funds shall be by affidavit and shall specify that the funds are
21reasonably necessary for the preparation or presentation of the
22defense. The fact that an application has been made shall be
23confidential and the contents of the application shall be
24confidential. Upon receipt of an application, a judge of the court,
25other than the trial judge presiding over the case in question, shall
26rule on the reasonableness of the request and shall disburse an
27appropriate amount of money to the
defendant’s attorney. The
28ruling on the reasonableness of the request shall be made at an in
29camera hearing. In making the ruling, the court shall be guided by
30the need to provide a complete and full defense for the defendant.
31(b) (1) The Controller shall not reimburse any county for costs
32that exceed Department of General Services’ standards for travel
33and per diem expenses. The Controller may reimburse
34extraordinary costs in unusual cases if the county provides
35sufficient documentation of the need for those expenditures.
36(2) At the termination of the proceedings, the attorney shall
37furnish to the court a complete accounting of all moneys received
38and disbursed pursuant to this section.
39(c) The Controller shall adopt regulations pursuant to Chapter
403.5 (commencing with Section 11340) of Part 1
of Division 3 of
P199 1Title 2 of the Government Code, controlling reimbursements under
2this section. The regulations shall consider compensation for
3investigators, expert witnesses, and other expenses that may or
4may not be reimbursable pursuant to this section. Notwithstanding
5the provisions of Chapter 3.5 (commencing with Section 11340)
6of Part 1 of Division 3 of Title 2 of the Government Code, the
7Controller shall follow any regulations adopted until final approval
8by the Office of Administrative Law.
9(d) The confidentiality provided in this section shall not preclude
10any court from providing the Attorney General with access to
11documents protected by this section when the defendant raises an
12issue on appeal or collateral review where the recorded portion of
13the record, created pursuant to this section, relates to the issue
14raised. When the defendant raises that issue, the funding records,
15or relevant portions thereof, shall be provided to the
Attorney
16General at the Attorney General’s request. In this case, the
17documents shall remain under seal and their use shall be limited
18solely to the pending proceeding.
Section 1191.15 of the Penal Code is amended to
20read:
(a) The court may permit the victim of any crime,
22his or her parent or guardian if the victim is a minor, or the next
23of kin of the victim if the victim has died, to file with the court a
24written, audiotaped, or videotaped statement, or statement stored
25on a CD-ROM, DVD, or any other recording medium acceptable
26to the court, expressing his or her views concerning the crime, the
27person responsible, and the need for restitution, in lieu of or in
28addition to the person personally appearing at the time of judgment
29and sentence. The court shall consider the statement filed with the
30court prior to imposing judgment and sentence.
31Whenever an audio or video statement or statement stored on a
32CD-ROM, DVD, or other medium is filed with the court, a written
33transcript of the statement shall also
be provided by the person
34filing the statement, and shall be made available as a public record
35of the court after the judgment and sentence have been imposed.
36(b) Whenever a written, audio, or video statement or statement
37stored on a CD-ROM, DVD, or other medium is filed with the
38court, it shall remain sealed until the time set for imposition of
39judgment and sentence except that the court, the probation officer,
40and counsel for the parties may view and listen to the statement
P200 1not more than two court days prior to the date set for imposition
2of judgment and sentence.
3(c) A person or a court shall not permit any person to duplicate,
4copy, or reproduce by audio or visual means a statement submitted
5to the court under the provisions of this section.
6(d) Nothing in this section shall be construed to prohibit the
7
prosecutor from representing to the court the views of the victim,
8his or her parent or guardian, the next of kin, or the California
9Victim Compensation Board.
10(e) In the event the court permits an audio or video statement
11or statement stored on a CD-ROM, DVD, or other medium to be
12filed, the court shall not be responsible for providing any equipment
13or resources needed to assist the victim in preparing the statement.
Section 1191.2 of the Penal Code is amended to
15read:
In providing notice to the victim pursuant to Section
171191.1, the probation officer shall also provide the victim with
18information concerning the victim’s right to civil recovery against
19the defendant, the requirement that the court order restitution for
20the victim, the victim’s right to receive a copy of the restitution
21order from the court and to enforce the restitution order as a civil
22judgment, the victim’s responsibility to furnish the probation
23department, district attorney, and court with information relevant
24to his or her losses, and the victim’s opportunity to be compensated
25from the Restitution Fund if eligible under Article 1 (commencing
26with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title
272 of the Government Code. This information shall be in the form
28of written material prepared by
the Judicial Council in consultation
29with the California Victim Compensation Board, shall include the
30relevant sections of the Penal Code, and shall be provided to each
31victim for whom the probation officer has a current mailing
32address.
Section 1202.4 of the Penal Code is amended to
34read:
(a) (1) It is the intent of the Legislature that a victim
36of crime who incurs an economic loss as a result of the commission
37of a crime shall receive restitution directly from a defendant
38convicted of that crime.
P201 1(2) Upon a person being convicted of a crime in the State of
2California, the court shall order the defendant to pay a fine in the
3form of a penalty assessment in accordance with Section 1464.
4(3) The court, in addition to any other penalty provided or
5imposed under the law, shall order the defendant to pay both of
6the following:
7(A) A restitution fine in accordance with subdivision (b).
8(B) Restitution to the victim or victims, if any, in accordance
9with subdivision (f), which shall be enforceable as if the order
10were a civil judgment.
11(b) In every case where a person is convicted of a crime, the
12court shall impose a separate and additional restitution fine, unless
13it finds compelling and extraordinary reasons for not doing so and
14states those reasons on the record.
15(1) The restitution fine shall be set at the discretion of the court
16and commensurate with the seriousness of the offense. If the person
17is convicted of a felony, the fine shall not be less than two hundred
18forty dollars ($240) starting on January 1, 2012, two hundred eighty
19dollars ($280) starting on January 1, 2013, and three hundred
20dollars ($300) starting on January 1, 2014, and not more than ten
21thousand dollars ($10,000). If the
person is convicted of a
22misdemeanor, the fine shall not be less than one hundred twenty
23dollars ($120) starting on January 1, 2012, one hundred forty
24dollars ($140) starting on January 1, 2013, and one hundred fifty
25dollars ($150) starting on January 1, 2014, and not more than one
26thousand dollars ($1,000).
27(2) In setting a felony restitution fine, the court may determine
28the amount of the fine as the product of the minimum fine pursuant
29to paragraph (1) multiplied by the number of years of imprisonment
30the defendant is ordered to serve, multiplied by the number of
31felony counts of which the defendant is convicted.
32(c) The court shall impose the restitution fine unless it finds
33compelling and extraordinary reasons for not doing so and states
34those reasons on the record. A defendant’s inability to pay shall
35not be considered a compelling and extraordinary reason not to
36impose a
restitution fine. Inability to pay may be considered only
37in increasing the amount of the restitution fine in excess of the
38minimum fine pursuant to paragraph (1) of subdivision (b). The
39court may specify that funds confiscated at the time of the
40defendant’s arrest, except for funds confiscated pursuant to Section
P202 111469 of the Health and Safety Code, be applied to the restitution
2fine if the funds are not exempt for spousal or child support or
3subject to any other legal exemption.
4(d) In setting the amount of the fine pursuant to subdivision (b)
5in excess of the minimum fine pursuant to paragraph (1) of
6subdivision (b), the court shall consider any relevant factors,
7including, but not limited to, the defendant’s inability to pay, the
8seriousness and gravity of the offense and the circumstances of its
9commission, any economic gain derived by the defendant as a
10result of the crime, the extent to which any other person suffered
11losses as a result
of the crime, and the number of victims involved
12in the crime. Those losses may include pecuniary losses to the
13victim or his or her dependents as well as intangible losses, such
14as psychological harm caused by the crime. Consideration of a
15defendant’s inability to pay may include his or her future earning
16capacity. A defendant shall bear the burden of demonstrating his
17or her inability to pay. Express findings by the court as to the
18factors bearing on the amount of the fine shall not be required. A
19separate hearing for the fine shall not be required.
20(e) The restitution fine shall not be subject to penalty
21assessments authorized in Section 1464 or Chapter 12
22(commencing with Section 76000) of Title 8 of the Government
23Code, or the state surcharge authorized in Section 1465.7, and
24shall be deposited in the Restitution Fund in the State Treasury.
25(f) Except as provided in
subdivisions (q) and (r), in every case
26in which a victim has suffered economic loss as a result of the
27defendant’s conduct, the court shall require that the defendant
28make restitution to the victim or victims in an amount established
29by court order, based on the amount of loss claimed by the victim
30or victims or any other showing to the court. If the amount of loss
31cannot be ascertained at the time of sentencing, the restitution
32order shall include a provision that the amount shall be determined
33at the direction of the court. The court shall order full restitution
34unless it finds compelling and extraordinary reasons for not doing
35so and states them on the record. The court may specify that funds
36confiscated at the time of the defendant’s arrest, except for funds
37confiscated pursuant to Section 11469 of the Health and Safety
38Code, be applied to the restitution order if the funds are not exempt
39for spousal or child support or subject to any other legal exemption.
P203 1(1) The defendant has the right to a hearing before a judge to
2dispute the determination of the amount of restitution. The court
3may modify the amount, on its own motion or on the motion of
4the district attorney, the victim or victims, or the defendant. If a
5motion is made for modification of a restitution order, the victim
6shall be notified of that motion at least 10 days prior to the
7proceeding held to decide the motion. A victim at a restitution
8hearing or modification hearing described in this paragraph may
9testify by live, two-way audio and video transmission, if testimony
10by live, two-way audio and video transmission is available at the
11court.
12(2) Determination of the amount of restitution ordered pursuant
13to this subdivision shall not be affected by the indemnification or
14subrogation rights of a third party. Restitution ordered pursuant to
15this subdivision shall be ordered to be
deposited to the Restitution
16Fund to the extent that the victim, as defined in subdivision (k),
17has received assistance from the California Victim Compensation
18Board pursuant to Chapter 5 (commencing with Section 13950)
19of Part 4 of Division 3 of Title 2 of the Government Code.
20(3) To the extent possible, the restitution order shall be prepared
21by the sentencing court, shall identify each victim and each loss
22to which it pertains, and shall be of a dollar amount that is sufficient
23to fully reimburse the victim or victims for every determined
24economic loss incurred as the result of the defendant’s criminal
25conduct, including, but not limited to, all of the following:
26(A) Full or partial payment for the value of stolen or damaged
27property. The value of stolen or damaged property shall be the
28replacement cost of like property, or the actual cost of repairing
29the property when repair
is possible.
30(B) Medical expenses.
31(C) Mental health counseling expenses.
32(D) Wages or profits lost due to injury incurred by the victim,
33and if the victim is a minor, wages or profits lost by the minor’s
34parent, parents, guardian, or guardians, while caring for the injured
35minor. Lost wages shall include commission income as well as
36base wages. Commission income shall be established by evidence
37of commission income during the 12-month period prior to the
38date of the crime for which restitution is being ordered, unless
39good cause for a shorter time period is shown.
P204 1(E) Wages or profits lost by the victim, and if the victim is a
2minor, wages or profits lost by the minor’s parent, parents,
3guardian, or guardians, due to time spent as a witness or in
assisting
4the police or prosecution. Lost wages shall include commission
5income as well as base wages. Commission income shall be
6established by evidence of commission income during the
712-month period prior to the date of the crime for which restitution
8is being ordered, unless good cause for a shorter time period is
9shown.
10(F) Noneconomic losses, including, but not limited to,
11psychological harm, for felony violations of Section 288.
12(G) Interest, at the rate of 10 percent per annum, that accrues
13as of the date of sentencing or loss, as determined by the court.
14(H) Actual and reasonable attorney’s fees and other costs of
15collection accrued by a private entity on behalf of the victim.
16(I) Expenses incurred by an adult victim in relocating away
17from the
defendant, including, but not limited to, deposits for
18utilities and telephone service, deposits for rental housing,
19temporary lodging and food expenses, clothing, and personal items.
20Expenses incurred pursuant to this section shall be verified by law
21enforcement to be necessary for the personal safety of the victim
22or by a mental health treatment provider to be necessary for the
23emotional well-being of the victim.
24(J) Expenses to install or increase residential security incurred
25related to a violent felony, as defined in subdivision (c) of Section
26667.5, including, but not limited to, a home security device or
27system, or replacing or increasing the number of locks.
28(K) Expenses to retrofit a residence or vehicle, or both, to make
29the residence accessible to or the vehicle operational by the victim,
30if the victim is permanently disabled, whether the disability is
31partial or total,
as a direct result of the crime.
32(L) Expenses for a period of time reasonably necessary to make
33the victim whole, for the costs to monitor the credit report of, and
34for the costs to repair the credit of, a victim of identity theft, as
35defined in Section 530.5.
36(4) (A) If, as a result of the defendant’s conduct, the Restitution
37Fund has provided assistance to or on behalf of a victim or
38derivative victim pursuant to Chapter 5 (commencing with Section
3913950) of Part 4 of Division 3 of Title 2 of the Government Code,
40the amount of assistance provided shall be presumed to be a direct
P205 1result of the defendant’s criminal conduct and shall be included
2in the amount of the restitution ordered.
3(B) The amount of assistance provided by the Restitution Fund
4shall be established by copies of bills submitted
to the California
5Victim Compensation Board reflecting the amount paid by the
6board and whether the services for which payment was made were
7for medical or dental expenses, funeral or burial expenses, mental
8health counseling, wage or support losses, or rehabilitation.
9Certified copies of these bills provided by the board and redacted
10to protect the privacy and safety of the victim or any legal privilege,
11together with a statement made under penalty of perjury by the
12custodian of records that those bills were submitted to and were
13paid by the board, shall be sufficient to meet this requirement.
14(C) If the defendant offers evidence to rebut the presumption
15established by this paragraph, the court may release additional
16information contained in the records of the board to the defendant
17only after reviewing that information in camera and finding that
18the information is necessary for the defendant to dispute the amount
19of the restitution order.
20(5) Except as provided in paragraph (6), in any case in which
21an order may be entered pursuant to this subdivision, the defendant
22shall prepare and file a disclosure identifying all assets, income,
23and liabilities in which the defendant held or controlled a present
24or future interest as of the date of the defendant’s arrest for the
25crime for which restitution may be ordered. The financial disclosure
26statements shall be made available to the victim and the board
27pursuant to Section 1214. The disclosure shall be signed by the
28defendant upon a form approved or adopted by the Judicial Council
29for the purpose of facilitating the disclosure. A defendant who
30willfully states as true a material matter that he or she knows to
31be false on the disclosure required by this subdivision is guilty of
32a misdemeanor, unless this conduct is punishable as perjury or
33another provision of law provides for a greater penalty.
34(6) A defendant who fails to file the financial disclosure required
35in paragraph (5), but who has filed a financial affidavit or financial
36information pursuant to subdivision (c) of Section 987, shall be
37deemed to have waived the confidentiality of that affidavit or
38financial information as to a victim in whose favor the order of
39restitution is entered pursuant to subdivision (f). The affidavit or
40information shall serve in lieu of the financial disclosure required
P206 1in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
2apply.
3(7) Except as provided in paragraph (6), the defendant shall file
4the disclosure with the clerk of the court no later than the date set
5for the defendant’s sentencing, unless otherwise directed by the
6court. The disclosure may be inspected or copied as provided by
7subdivision (b), (c), or (d) of Section 1203.05.
8(8) In its discretion, the court may relieve the defendant of the
9duty under paragraph (7) of filing with the clerk by requiring that
10the defendant’s disclosure be submitted as an attachment to, and
11be available to, those authorized to receive the following:
12(A) A report submitted pursuant to subparagraph (C) of
13paragraph (2) of subdivision (b) of Section 1203 or subdivision
14(g) of Section 1203.
15(B) A stipulation submitted pursuant to paragraph (4) of
16subdivision (b) of Section 1203.
17(C) A report by the probation officer, or information submitted
18by the defendant applying for a conditional sentence pursuant to
19subdivision (d) of Section 1203.
20(9) The court may consider a defendant’s
unreasonable failure
21to make a complete disclosure pursuant to paragraph (5) as any of
22the following:
23(A) A circumstance in aggravation of the crime in imposing a
24term under subdivision (b) of Section 1170.
25(B) A factor indicating that the interests of justice would not be
26served by admitting the defendant to probation under Section 1203.
27(C) A factor indicating that the interests of justice would not be
28served by conditionally sentencing the defendant under Section
291203.
30(D) A factor indicating that the interests of justice would not
31be served by imposing less than the maximum fine and sentence
32fixed by law for the case.
33(10) A defendant’s failure or refusal to make the required
34
disclosure pursuant to paragraph (5) shall not delay entry of an
35order of restitution or pronouncement of sentence. In appropriate
36cases, the court may do any of the following:
37(A) Require the defendant to be examined by the district attorney
38pursuant to subdivision (h).
39(B) If sentencing the defendant under Section 1170, provide
40that the victim shall receive a copy of the portion of the probation
P207 1report filed pursuant to Section 1203.10 concerning the defendant’s
2employment, occupation, finances, and liabilities.
3(C) If sentencing the defendant under Section 1203, set a date
4and place for submission of the disclosure required by paragraph
5(5) as a condition of probation or suspended sentence.
6(11) If a defendant has any remaining unpaid balance on a
7
restitution order or fine 120 days prior to his or her scheduled
8release from probation or 120 days prior to his or her completion
9of a conditional sentence, the defendant shall prepare and file a
10new and updated financial disclosure identifying all assets, income,
11and liabilities in which the defendant holds or controls or has held
12or controlled a present or future interest during the defendant’s
13period of probation or conditional sentence. The financial
14disclosure shall be made available to the victim and the board
15pursuant to Section 1214. The disclosure shall be signed and
16prepared by the defendant on the same form as described in
17paragraph (5). A defendant who willfully states as true a material
18matter that he or she knows to be false on the disclosure required
19by this subdivision is guilty of a misdemeanor, unless this conduct
20is punishable as perjury or another provision of law provides for
21a greater penalty. The financial disclosure required by this
22paragraph shall be filed with the clerk of the
court no later than
2390 days prior to the defendant’s scheduled release from probation
24or completion of the defendant’s conditional sentence.
25(12) In cases where an employer is convicted of a crime against
26an employee, a payment to the employee or the employee’s
27dependent that is made by the employer’s workers’ compensation
28insurance carrier shall not be used to offset the amount of the
29restitution order unless the court finds that the defendant
30substantially met the obligation to pay premiums for that insurance
31coverage.
32(g) The court shall order full restitution unless it finds
33compelling and extraordinary reasons for not doing so and states
34those reasons on the record. A defendant’s inability to pay shall
35not be considered a compelling and extraordinary reason not to
36impose a restitution order, nor shall inability to pay be a
37consideration in determining the amount of a
restitution order.
38(h) The district attorney may request an order of examination
39pursuant to the procedures specified in Article 2 (commencing
40with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part
P208 12 of the Code of Civil Procedure, in order to determine the
2defendant’s financial assets for purposes of collecting on the
3restitution order.
4(i) A restitution order imposed pursuant to subdivision (f) shall
5be enforceable as if the order were a civil judgment.
6(j) The making of a restitution order pursuant to subdivision (f)
7shall not affect the right of a victim to recovery from the Restitution
8Fund as otherwise provided by law, except to the extent that
9restitution is actually collected pursuant to the order. Restitution
10collected pursuant to this subdivision shall be credited to any other
11judgments for the
same losses obtained against the defendant
12arising out of the crime for which the defendant was convicted.
13(k) For purposes of this section, “victim” shall include all of
14the following:
15(1) The immediate surviving family of the actual victim.
16(2) A corporation, business trust, estate, trust, partnership,
17association, joint venture, government, governmental subdivision,
18agency, or instrumentality, or any other legal or commercial entity
19when that entity is a direct victim of a crime.
20(3) A person who has sustained economic loss as the result of
21a crime and who satisfies any of the following conditions:
22(A) At the time of the crime was the parent, grandparent, sibling,
23spouse, child, or
grandchild of the victim.
24(B) At the time of the crime was living in the household of the
25victim.
26(C) At the time of the crime was a person who had previously
27lived in the household of the victim for a period of not less than
28two years in a relationship substantially similar to a relationship
29listed in subparagraph (A).
30(D) Is another family member of the victim, including, but not
31limited to, the victim’s fiancé or fiancée, and who witnessed the
32crime.
33(E) Is the primary caretaker of a minor victim.
34(4) A person who is eligible to receive assistance from the
35Restitution Fund pursuant to Chapter 5 (commencing with Section
3613950) of Part 4 of Division 3 of Title 2 of the Government
Code.
37(5) A governmental entity that is responsible for repairing,
38replacing, or restoring public or privately owned property that has
39been defaced with graffiti or other inscribed material, as defined
40in subdivision (e) of Section 594, and that has sustained an
P209 1economic loss as the result of a violation of Section 594, 594.3,
2594.4, 640.5, 640.6, or 640.7.
3(l) At its discretion, the board of supervisors of a county may
4impose a fee to cover the actual administrative cost of collecting
5the restitution fine, not to exceed 10 percent of the amount ordered
6to be paid, to be added to the restitution fine and included in the
7order of the court, the proceeds of which shall be deposited in the
8general fund of the county.
9(m) In every case in which the defendant is granted probation,
10the court shall make the payment
of restitution fines and orders
11imposed pursuant to this section a condition of probation. Any
12portion of a restitution order that remains unsatisfied after a
13defendant is no longer on probation shall continue to be enforceable
14by a victim pursuant to Section 1214 until the obligation is
15satisfied.
16(n) If the court finds and states on the record compelling and
17extraordinary reasons why a restitution fine or full restitution order
18should not be required, the court shall order, as a condition of
19probation, that the defendant perform specified community service,
20unless it finds and states on the record compelling and
21extraordinary reasons not to require community service in addition
22to the finding that restitution should not be required. Upon
23revocation of probation, the court shall impose restitution pursuant
24to this section.
25(o) The provisions of Section 13963 of the Government
Code
26shall apply to restitution imposed pursuant to this section.
27(p) The court clerk shall notify the California Victim
28Compensation Board within 90 days of an order of restitution being
29imposed if the defendant is ordered to pay restitution to the board
30due to the victim receiving compensation from the Restitution
31Fund. Notification shall be accomplished by mailing a copy of the
32court order to the board, which may be done periodically by bulk
33mail or email.
34(q) Upon conviction for a violation of Section 236.1, the court
35shall, in addition to any other penalty or restitution, order the
36defendant to pay restitution to the victim in a case in which a victim
37has suffered economic loss as a result of the defendant’s conduct.
38The court shall require that the defendant make restitution to the
39victim or victims in an amount established by court order, based
40on the amount of loss claimed
by the victim or victims or another
P210 1showing to the court. In determining restitution pursuant to this
2section, the court shall base its order upon the greater of the
3following: the gross value of the victim’s labor or services based
4upon the comparable value of similar services in the labor market
5in which the offense occurred, or the value of the victim’s labor
6as guaranteed under California law, or the actual income derived
7by the defendant from the victim’s labor or services or any other
8appropriate means to provide reparations to the victim.
9(r) (1) In addition to any other penalty or fine, the court shall
10order a person who has been convicted of a violation of Section
11350, 653h, 653s, 653u, 653w, or 653aa that involves a recording
12or audiovisual work to make restitution to an owner or lawful
13producer, or trade association acting on behalf of the owner or
14lawful producer, of a phonograph record, disc, wire, tape, film,
or
15other device or article from which sounds or visual images are
16derived that suffered economic loss resulting from the violation.
17The order of restitution shall be based on the aggregate wholesale
18value of lawfully manufactured and authorized devices or articles
19from which sounds or visual images are devised corresponding to
20the number of nonconforming devices or articles involved in the
21offense, unless a higher value can be proved in the case of (A) an
22unreleased audio work, or (B) an audiovisual work that, at the time
23of unauthorized distribution, has not been made available in copies
24for sale to the general public in the United States on a digital
25versatile disc. For purposes of this subdivision, possession of
26nonconforming devices or articles intended for sale constitutes
27actual economic loss to an owner or lawful producer in the form
28of displaced legitimate wholesale purchases. The order of
29restitution shall also include reasonable costs incurred as a result
30of an investigation of the violation
undertaken by the owner, lawful
31producer, or trade association acting on behalf of the owner or
32lawful producer. “Aggregate wholesale value” means the average
33wholesale value of lawfully manufactured and authorized sound
34or audiovisual recordings. Proof of the specific wholesale value
35of each nonconforming device or article is not required.
36(2) As used in this subdivision, “audiovisual work” and
37“recording” shall have the same meaning as in Section 653w.
Section 1202.41 of the Penal Code is amended to
39read:
(a) (1) Notwithstanding Section 977 or any other
2law, if a defendant is currently incarcerated in a state prison with
3two-way audiovideo communication capability, the Department
4of Corrections, at the request of the California Victim
5Compensation Board, may collaborate with a court in any county
6to arrange for a hearing to impose or amend a restitution order, if
7the victim has received assistance pursuant to Article 5
8(commencing with Section 13959) of Chapter 5 of Part 4 of
9Division 3 of Title 2 of the Government Code, to be conducted by
10two-way electronic audiovideo communication between the
11defendant and the courtroom in lieu of the defendant’s physical
12presence in the courtroom, provided the county has agreed to make
13the necessary equipment available.
14(2) Nothing in this subdivision shall be interpreted to eliminate
15the authority of the court to issue an order requiring the defendant
16to be physically present in the courtroom in those cases where the
17court finds circumstances that require the physical presence of the
18defendant in the courtroom.
19(3) In lieu of the physical presence of the defendant’s counsel
20at the institution with the defendant, the court and the Department
21of Corrections shall establish a confidential telephone and facsimile
22transmission line between the court and the institution for
23communication between the defendant’s counsel in court and the
24defendant at the institution. In this case, counsel for the defendant
25shall not be required to be physically present at the institution
26during the hearing via electronic audiovideo communication.
27Nothing in this subdivision shall be construed to prohibit the
28physical
presence of the defense counsel with the defendant at the
29state prison.
30(b) If an inmate who is not incarcerated in a state prison with
31two-way audiovideo communication capability or ward does not
32waive his or her right to attend a restitution hearing for the
33amendment of a restitution order, the California Victim
34Compensation Board shall determine if the cost of holding the
35hearing is justified. If the board determines that the cost of holding
36the hearing is not justified, the amendment of the restitution order
37affecting that inmate or ward shall not be pursued at that time.
38(c) Nothing in this section shall be construed to prohibit an
39individual or district attorney’s office from independently pursuing
40the imposition or amendment of a restitution order that may result
P212 1in a hearing, regardless of whether the victim has received
2assistance pursuant to Article 1 (commencing with
Section 13959)
3of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government
4Code.
Section 1214 of the Penal Code is amended to read:
(a) If the judgment is for a fine, including a restitution
7fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
8Section 1203.04 as operative on or before August 2, 1995, or
9Section 13967 of the Government Code, as operative on or before
10September 28, 1994, with or without imprisonment, or a diversion
11restitution fee ordered pursuant to Section 1001.90, the judgment
12may be enforced in the manner provided for the enforcement of
13money judgments generally. Any portion of a restitution fine or
14restitution fee that remains unsatisfied after a defendant is no longer
15on probation, parole, postrelease community supervision pursuant
16to Section 3451, or mandatory supervision pursuant to
17subparagraph (B) of paragraph (5) of subdivision (h) of Section
181170, after a term in custody pursuant to subparagraph (A) of
19paragraph (5) of
subdivision (h) of Section 1170, or after
20completing diversion is enforceable by the California Victim
21Compensation Board pursuant to this section. Notwithstanding
22any other provision of law prohibiting disclosure, the state, as
23defined in Section 900.6 of the Government Code, a local public
24entity, as defined in Section 900.4 of the Government Code, or
25any other entity, may provide the California Victim Compensation
26Board any and all information to assist in the collection of unpaid
27portions of a restitution fine for terminated probation or parole
28cases, or of a restitution fee for completed diversion cases. For
29purposes of the preceding sentence, “state, as defined in Section
30900.6 of the Government Code,” and “any other entity” shall not
31include the Franchise Tax Board. A local collection program may
32continue to collect restitution fines and restitution orders once a
33defendant is no longer on probation, postrelease community
34supervision, or mandatory supervision or after a term in custody
35pursuant to
subparagraph (A) of paragraph (5) of subdivision (h)
36of Section 1170.
37(b) In any case in which a defendant is ordered to pay restitution,
38the order to pay restitution (1) is deemed a money judgment if the
39defendant was informed of his or her right to have a judicial
40determination of the amount and was provided with a hearing,
P213 1waived a hearing, or stipulated to the amount of the restitution
2ordered, and (2) shall be fully enforceable by a victim as if the
3restitution order were a civil judgment, and enforceable in the same
4manner as is provided for the enforcement of any other money
5judgment. Upon the victim’s request, the court shall provide the
6victim in whose favor the order of restitution is entered with a
7certified copy of that order and a copy of the defendant’s disclosure
8pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
9affidavit or information pursuant to paragraph (6) of subdivision
10(f) of Section 1202.4, or report
pursuant to paragraph (8) of
11subdivision (f) of Section 1202.4. The court also shall provide this
12information to the district attorney upon request in connection with
13an investigation or prosecution involving perjury or the veracity
14of the information contained within the defendant’s financial
15disclosure. In addition, upon request, the court shall provide the
16California Victim Compensation Board with a certified copy of
17any order imposing a restitution fine or order and a copy of the
18defendant’s disclosure pursuant to paragraph (5) of subdivision
19(f) of Section 1202.4, affidavit or information pursuant to paragraph
20(6) of subdivision (f) of Section 1202.4, or report pursuant to
21paragraph (8) of subdivision (f) of Section 1202.4. A victim shall
22have access to all resources available under the law to enforce the
23restitution order, including, but not limited to, access to the
24defendant’s financial records, use of wage garnishment and lien
25procedures, information regarding the defendant’s assets, and the
26ability
to apply for restitution from any fund established for the
27purpose of compensating victims in civil cases. Any portion of a
28restitution order that remains unsatisfied after a defendant is no
29longer on probation, parole, postrelease community supervision
30under Section 3451, or mandatory supervision imposed pursuant
31to subparagraph (B) of paragraph (5) of subdivision (h) of Section
321170 or after a term in custody pursuant to subparagraph (A) of
33paragraph (5) of subdivision (h) of Section 1170 is enforceable by
34the victim pursuant to this section. Victims and the California
35Victim Compensation Board shall inform the court whenever an
36order to pay restitution is satisfied. A local collection program may
37continue to enforce victim restitution orders once a defendant is
38no longer on probation, postrelease community supervision, or
39mandatory supervision or after completion of a term in custody
P213 1pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
2of Section 1170.
3(c) A defendant who owes a restitution fine, a restitution order,
4or any portion thereof, and who is released from the custody of a
5county jail facility after a term in custody pursuant to subparagraph
6(A) of paragraph (5) of subdivision (h) of Section 1170 shall have
7a continuing obligation to pay the restitution fine or restitution
8order in full.
9(d) Except as provided in subdivision (d), and notwithstanding
10the amount in controversy limitation of Section 85 of the Code of
11Civil Procedure, a restitution order or restitution fine that was
12imposed pursuant to Section 1202.4 in any of the following cases
13may be enforced in the same manner as a money judgment in a
14limited civil case:
15(1) In a misdemeanor case.
16(2) In a case involving violation of a city or town ordinance.
17(3) In a noncapital criminal case where the court has received
18a plea of guilty or nolo contendere.
19(e) Chapter 3 (commencing with Section 683.010) of Division
201 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply
21to any of the following:
22(1) A judgment for court-ordered fines, forfeitures, penalties,
23fees, or assessments.
24(2) A restitution fine or restitution order imposed pursuant to
25Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as
26operative on or before August 2, 1995, or Section 13967 of the
27Government Code, as operative on or before September 28, 1994.
28(3) A diversion restitution fee ordered pursuant to Section
29
1001.90.
Section 1463.02 of the Penal Code is amended to
31read:
(a) On or before June 30, 2011, the Judicial Council
33shall establish a task force to evaluate criminal and traffic-related
34court-ordered debts imposed against adult and juvenile offenders.
35The task force shall be comprised of the following members:
36(1) Two members appointed by the California State Association
37of Counties.
38(2) Two members appointed by the League of California Cities.
39(3) Two court executives, two judges, and two Administrative
40Office of the Courts employees appointed by the Judicial Council.
P215 1(4) One member appointed by the Controller.
2(5) One member appointed by the Franchise Tax Board.
3(6) One member appointed by the California Victim
4Compensation Board.
5(7) One member appointed by the Department of Corrections
6and Rehabilitation.
7(8) One member appointed by the Department of Finance.
8(9) One member appointed by each house of the Legislature.
9(10) A county public defender and a city attorney appointed by
10the Speaker of the Assembly.
11(11) A defense attorney in private practice and a district attorney
12appointed by the Senate Committee on Rules.
13(b) The Judicial Council shall designate a chairperson for the
14task force. The task force shall, among other duties, do all of the
15following:
16(1) Identify all criminal and traffic-related court-ordered fees,
17fines, forfeitures, penalties, and assessments imposed under law.
18(2) Identify the distribution of revenue derived from those debts
19and the expenditures made by those entities that benefit from the
20revenues.
21(3) Consult with state and local entities that would be affected
22by a simplification and consolidation of criminal and traffic-related
23court-ordered debts.
24(4) Evaluate and make recommendations to the Judicial Council
25and the Legislature for consolidating and simplifying the imposition
26of criminal and traffic-related court-ordered
debts and the
27distribution of the revenue derived from those debts with the goal
28of improving the process for those entities that benefit from the
29revenues, and recommendations, if any, for adjustment to the
30court-ordered debts.
31(c) The task force also shall document recent annual revenues
32from the various penalty assessments and surcharges and, to the
33extent feasible, evaluate the extent to which the amount of each
34penalty assessment and surcharge impacts total annual revenues,
35imposition of criminal sentences, and the actual amounts assessed.
36(d) The task force also shall evaluate and make
37recommendations to the Judicial Council and the Legislature on
38or before June 30, 2011, regarding the priority in which
39court-ordered debts should be satisfied and the use of
P216 1comprehensive collection programs authorized pursuant to Section
21463.007, including associated cost-recovery
practices.
Section 1485.5 of the Penal Code is amended to
4read:
(a) If the district attorney or Attorney General
6stipulates to or does not contest the factual allegations underlying
7one or more of the grounds for granting a writ of habeas corpus
8or a motion to vacate a judgment, the facts underlying the basis
9for the court’s ruling or order shall be binding on the Attorney
10General, the factfinder, and the California Victim Compensation
11Board.
12(b) The district attorney shall provide notice to the Attorney
13General prior to entering into a stipulation of facts that will be the
14basis for the granting of a writ of habeas corpus or a motion to
15vacate a judgment.
16(c) The express factual findings made by the court, including
17credibility determinations, in considering a
petition for habeas
18corpus, a motion to vacate judgment pursuant to Section 1473.6,
19or an application for a certificate of factual innocence, shall be
20binding on the Attorney General, the factfinder, and the California
21Victim Compensation Board.
22(d) For the purposes of this section, “express factual findings”
23are findings established as the basis for the court’s ruling or order.
24(e) For purposes of this section, “court” is defined as a state or
25federal court.
Section 1485.55 of the Penal Code is amended to
27read:
(a) In a contested proceeding, if the court grants a
29writ of habeas corpus concerning a person who is unlawfully
30imprisoned or restrained, or when, pursuant to Section 1473.6, the
31court vacates a judgment on the basis of new evidence concerning
32a person who is no longer unlawfully imprisoned or restrained,
33and if the court finds that new evidence on the petition points
34unerringly to innocence, that finding shall be binding on the
35California Victim Compensation Board for a claim presented to
36the board, and upon application by the person, the board shall,
37without a hearing, recommend to the Legislature that an
38appropriation be made and the claim paid pursuant to Section 4904.
39(b) If the court grants a writ of habeas corpus concerning a
40person who is unlawfully
imprisoned or restrained on any ground
P217 1other than new evidence that points unerringly to innocence or
2actual innocence, the petitioner may move for a finding of
3innocence by a preponderance of the evidence that the crime with
4which he or she was charged was either not committed at all or,
5if committed, was not committed by him or her.
6(c) If the court vacates a judgment pursuant to Section 1473.6,
7on any ground other than new evidence that points unerringly to
8innocence or actual innocence, the petitioner may move for a
9finding of innocence by a preponderance of the evidence that the
10crime with which he or she was charged was either not committed
11at all or, if committed, was not committed by him or her.
12(d) If the court makes a finding that the petitioner has proven
13his or her innocence by a preponderance of the evidence pursuant
14to subdivision (b) or (c), the board shall, without
a hearing,
15recommend to the Legislature that an appropriation be made and
16the claim paid pursuant to Section 4904.
17(e) No presumption shall exist in any other proceeding for failure
18to make a motion or obtain a favorable ruling pursuant to
19subdivision (b) or (c).
20(f) If a federal court, after granting a writ of habeas corpus,
21pursuant to a nonstatutory motion or request, finds a petitioner
22innocent by no less than a preponderance of the evidence that the
23crime with which he or she was charged was either not committed
24at all or, if committed, was not committed by him or her, the board
25shall, without a hearing, recommend to the Legislature that an
26appropriation be made and the claim paid pursuant to Section 4904.
27(g) For the purposes of this section, “new evidence” means
28evidence that was not available or known at the
time of trial that
29completely undermines the prosecution case and points unerringly
30to innocence.
Section 1557 of the Penal Code is amended to read:
(a) This section shall apply when this state or a city,
33county, or city and county employs a person to travel to a foreign
34jurisdiction outside this state for the express purpose of returning
35a fugitive from justice to this state when the Governor of this state,
36in the exercise of the authority conferred by Section 2 of Article
37IV of the United States Constitution, or by the laws of this state,
38has demanded the surrender of the fugitive from the executive
39authority of any state of the United States, or of any foreign
40government.
P218 1(b) Upon the approval of the Governor, the Controller shall
2audit and pay out of the State Treasury as provided in subdivision
3(c) or (d) the accounts of the person employed to bring back the
4fugitive,
including any money paid by that person for all of the
5following:
6(1) Money paid to the authorities of a sister state for statutory
7fees in connection with the detention and surrender of the fugitive.
8(2) Money paid to the authorities of the sister state for the
9subsistence of the fugitive while detained by the sister state without
10payment of which the authorities of the sister state refuse to
11surrender the fugitive.
12(3) Where it is necessary to present witnesses or evidence in
13the sister state, without which the sister state would not surrender
14the fugitive, the cost of producing the witnesses or evidence in the
15sister state.
16(4) Where the appearance of witnesses has been authorized in
17advance by the Governor, who may authorize the appearance in
18
unusual cases where the interests of justice would be served, the
19cost of producing witnesses to appear in the sister state on behalf
20of the fugitive in opposition to his or her extradition.
21(c) No amount shall be paid out of the State Treasury to a city,
22county, or city and county except as follows:
23(1) When a warrant has been issued by any magistrate after the
24filing of a complaint or the finding of an indictment and its
25presentation to the court and filing by the clerk, and the person
26named therein as defendant is a fugitive from justice who has been
27found and arrested in any state of the United States or in any
28foreign government, the county auditor shall draw his or her
29warrant and the county treasurer shall pay to the person designated
30to return the fugitive, the amount of expenses estimated by the
31district attorney to be incurred in the return of the fugitive.
32(2) If the person designated to return the fugitive is a city officer,
33the city officer authorized to draw warrants on the city treasury
34shall draw his or her warrant and the city treasurer shall pay to that
35person the amount of expenses estimated by the district attorney
36to be incurred in the return of the fugitive.
37(3) The person designated to return the fugitive shall make no
38disbursements from any funds advanced without a receipt being
39obtained therefor showing the amount, the purpose for which the
40sum is expended, the place, the date, and to whom paid.
P219 1(4) A receipt obtained pursuant to paragraph (3) shall be filed
2by the person designated to return the fugitive with the county
3auditor or appropriate city officer or the Controller, as the case
4may be, together with an affidavit by the person that the
5expenditures
represented by the receipts were necessarily made in
6the performance of duty, and when the advance has been made by
7the county or city treasurer to the person designated to return the
8fugitive, and has thereafter been audited by the Controller, the
9payment thereof shall be made by the State Treasurer to the county
10or city treasury that has advanced the funds.
11(5) In every case where the expenses of the person employed
12to bring back the fugitive as provided in this section, are less than
13the amount advanced on the recommendation of the district
14attorney, the person employed to bring back the fugitive shall
15return to the county or city treasurer, as appropriate, the difference
16in amount between the aggregate amount of receipts so filed by
17him or her, as herein employed, and the amount advanced to the
18person upon the recommendation of the district attorney.
19(6) When no advance has
been made to the person designated
20to return the fugitive, the sums expended by him or her, when
21audited by the Controller, shall be paid by the State Treasurer to
22the person so designated.
23(7) Any payments made out of the State Treasury pursuant to
24this section shall be made from appropriations for the fiscal year
25in which those payments are made.
26(d) Payments to state agencies will be made in accord with the
27rules of the Department of General Services. No city, county, or
28other jurisdiction may file, and the state may not reimburse, a claim
29pursuant to this section that is presented to the Department of
30Corrections and Rehabilitation or to any other agency or
31department of the state more than six months after the close of the
32month in which the costs were incurred.
Section 2085.5 of the Penal Code is amended to
34read:
(a) In any case in which a prisoner owes a restitution
36fine imposed pursuant to subdivision (a) of Section 13967 of the
37Government Code, as operative prior to September 29, 1994,
38subdivision (b) of Section 730.6 of the Welfare and Institutions
39Code, or subdivision (b) of Section 1202.4, the Secretary of the
40Department of Corrections and Rehabilitation shall deduct a
P220 1minimum of 20 percent or the balance owing on the fine amount,
2whichever is less, up to a maximum of 50 percent from the wages
3and trust account deposits of a prisoner, unless prohibited by
4federal law, and shall transfer that amount to the California Victim
5Compensation Board for deposit in the Restitution Fund in the
6State Treasury. The amount deducted shall be credited against the
7amount owing on the fine. The sentencing court shall be provided
8a record of the
payments.
9(b) (1) When a prisoner is punished by imprisonment in a
10county jail pursuant to subdivision (h) of Section 1170, in any case
11in which a prisoner owes a restitution fine imposed pursuant to
12subdivision (a) of Section 13967 of the Government Code, as
13operative prior to September 29, 1994, subdivision (b) of Section
14730.6 of the Welfare and Institutions Code, or subdivision (b) of
15Section 1202.4, the agency designated by the board of supervisors
16in the county where the prisoner is incarcerated is authorized to
17deduct a minimum of 20 percent or the balance owing on the fine
18amount, whichever is less, up to a maximum of 50 percent from
19the county jail equivalent of wages and trust account deposits of
20a prisoner, unless prohibited by federal law, and shall transfer that
21amount to the California Victim Compensation Board for deposit
22in the Restitution Fund in the State Treasury. The amount deducted
23shall be credited
against the amount owing on the fine. The
24sentencing court shall be provided a record of the payments.
25(2) If the board of supervisors designates the county sheriff as
26the collecting agency, the board of supervisors shall first obtain
27the concurrence of the county sheriff.
28(c) In any case in which a prisoner owes a restitution order
29imposed pursuant to subdivision (c) of Section 13967 of the
30Government Code, as operative prior to September 29, 1994,
31subdivision (h) of Section 730.6 of the Welfare and Institutions
32Code, or subdivision (f) of Section 1202.4, the Secretary of the
33Department of Corrections and Rehabilitation shall deduct a
34minimum of 20 percent or the balance owing on the order amount,
35whichever is less, up to a maximum of 50 percent from the wages
36and trust account deposits of a prisoner, unless prohibited by
37federal law. The secretary shall transfer that amount to
the
38California Victim Compensation Board for direct payment to the
39victim, or payment shall be made to the Restitution Fund to the
40extent that the victim has received assistance pursuant to that
P221 1program. The sentencing court shall be provided a record of the
2payments made to victims and of the payments deposited to the
3Restitution Fund pursuant to this subdivision.
4(d) When a prisoner is punished by imprisonment in a county
5jail pursuant to subdivision (h) of Section 1170, in any case in
6which a prisoner owes a restitution order imposed pursuant to
7subdivision (c) of Section 13967 of the Government Code, as
8operative prior to September 29, 1994, subdivision (h) of Section
9730.6 of the Welfare and Institutions Code, or subdivision (b) of
10Section 1202.4, the agency designated by the board of supervisors
11in the county where the prisoner is incarcerated is authorized to
12deduct a minimum of 20 percent or the balance owing on the order
13amount,
whichever is less, up to a maximum of 50 percent from
14the county jail equivalent of wages and trust account deposits of
15a prisoner, unless prohibited by federal law. The agency shall
16transfer that amount to the California Victim Compensation Board
17for direct payment to the victim, or payment shall be made to the
18Restitution Fund to the extent that the victim has received
19assistance pursuant to that program, or may pay the victim directly.
20The sentencing court shall be provided a record of the payments
21made to the victims and of the payments deposited to the
22Restitution Fund pursuant to this subdivision.
23(e) The secretary shall deduct and retain from the wages and
24trust account deposits of a prisoner, unless prohibited by federal
25law, an administrative fee that totals 10 percent of any amount
26transferred to the California Victim Compensation Board pursuant
27to subdivision (a) or (c). The secretary shall deduct and retain from
28any prisoner
settlement or trial award, an administrative fee that
29totals 5 percent of any amount paid from the settlement or award
30to satisfy an outstanding restitution order or fine pursuant to
31subdivision (n), unless prohibited by federal law. The secretary
32shall deposit the administrative fee moneys in a special deposit
33account for reimbursing administrative and support costs of the
34restitution program of the Department of Corrections and
35Rehabilitation. The secretary, at his or her discretion, may retain
36any excess funds in the special deposit account for future
37reimbursement of the department’s administrative and support
38costs for the restitution program or may transfer all or part of the
39excess funds for deposit in the Restitution Fund.
P222 1(f) When a prisoner is punished by imprisonment in a county
2jail pursuant to subdivision (h) of Section 1170, the agency
3designated by the board of supervisors in the county where the
4prisoner is incarcerated is
authorized to deduct and retain from the
5county jail equivalent of wages and trust account deposits of a
6prisoner, unless prohibited by federal law, an administrative fee
7that totals 10 percent of any amount transferred to the California
8Victim Compensation Board pursuant to subdivision (b) or (d).
9The agency is authorized to deduct and retain from a prisoner
10settlement or trial award an administrative fee that totals 5 percent
11of any amount paid from the settlement or award to satisfy an
12outstanding restitution order or fine pursuant to subdivision (n),
13unless prohibited by federal law. Upon release from custody
14pursuant to subdivision (h) of Section 1170, the agency is
15authorized to charge a fee to cover the actual administrative cost
16of collection, not to exceed 10 percent of the total amount collected.
17The agency shall deposit the administrative fee moneys in a special
18deposit account for reimbursing administrative and support costs
19of the restitution program of the agency. The agency is authorized
20to
retain any excess funds in the special deposit account for future
21reimbursement of the agency’s administrative and support costs
22for the restitution program or may transfer all or part of the excess
23funds for deposit in the Restitution Fund.
24(g) In any case in which a parolee owes a restitution fine
25imposed pursuant to subdivision (a) of Section 13967 of the
26Government Code, as operative prior to September 29, 1994,
27subdivision (b) of Section 730.6 of the Welfare and Institutions
28Code, or subdivision (b) of Section 1202.4, the secretary, or, when
29a prisoner is punished by imprisonment in a county jail pursuant
30to subdivision (h) of Section 1170, the agency designated by the
31board of supervisors in the county where the prisoner is
32incarcerated, may collect from the parolee or, pursuant to Section
332085.6, from a person previously imprisoned in county jail any
34moneys owing on the restitution fine amount, unless prohibited
35by federal law. The
secretary or the agency shall transfer that
36amount to the California Victim Compensation Board for deposit
37in the Restitution Fund in the State Treasury. The amount deducted
38shall be credited against the amount owing on the fine. The
39sentencing court shall be provided a record of the payments.
P223 1(h) In any case in which a parolee owes a direct order of
2restitution, imposed pursuant to subdivision (c) of Section 13967
3of the Government Code, as operative prior to September 29, 1994,
4subdivision (h) of Section 730.6 of the Welfare and Institutions
5Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
6secretary, or, when a prisoner is punished by imprisonment in a
7county jail pursuant to subdivision (h) of Section 1170, the agency
8designated by the board of supervisors in the county where the
9prisoner is incarcerated or a local collection program, may collect
10from the parolee or, pursuant to Section 2085.6, from a person
11previously
imprisoned in county jail any moneys owing, unless
12prohibited by federal law. The secretary or the agency shall transfer
13that amount to the California Victim Compensation Board for
14direct payment to the victim, or payment shall be made to the
15Restitution Fund to the extent that the victim has received
16assistance pursuant to that program, or the agency may pay the
17victim directly. The sentencing court shall be provided a record
18of the payments made by the offender pursuant to this subdivision.
19(i) The secretary, or, when a prisoner is punished by
20imprisonment in a county jail pursuant to subdivision (h) of Section
211170, the agency designated by the board of supervisors in the
22county where the prisoner is incarcerated, may deduct and retain
23from moneys collected from parolees or persons previously
24imprisoned in county jail an administrative fee that totals 10 percent
25of any amount transferred to the California Victim Compensation
26Board pursuant
to subdivision (g) or (h), unless prohibited by
27federal law. The secretary shall deduct and retain from any
28settlement or trial award of a parolee an administrative fee that
29totals 5 percent of an amount paid from the settlement or award
30to satisfy an outstanding restitution order or fine pursuant to
31subdivision (n), unless prohibited by federal law. The agency is
32authorized to deduct and retain from any settlement or trial award
33of a person previously imprisoned in county jail an administrative
34fee that totals 5 percent of any amount paid from the settlement
35or award to satisfy an outstanding restitution order or fine pursuant
36to subdivision (n). The secretary or the agency shall deposit the
37administrative fee moneys in a special deposit account for
38reimbursing administrative and support costs of the restitution
39program of the Department of Corrections and Rehabilitation or
40the agency, as applicable. The secretary, at his or her discretion,
P224 1or the agency may retain any excess funds in the special deposit
2
account for future reimbursement of the department’s or 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(j) When a prisoner has both a restitution fine and a restitution
7order from the sentencing court, the Department of Corrections
8and Rehabilitation shall collect the restitution order first pursuant
9to subdivision (c).
10(k) When a prisoner is punished by imprisonment in a county
11jail pursuant to subdivision (h) of Section 1170 and that prisoner
12has both a restitution fine and a restitution order from the
13sentencing court, if the agency designated by the board of
14supervisors in the county where the prisoner is incarcerated collects
15the fine and order, the agency shall collect the restitution order
16first pursuant to subdivision (d).
17(l) When a parolee has both a restitution fine and a restitution
18order from the sentencing court, the Department of Corrections
19and Rehabilitation, or, when the prisoner is punished by
20imprisonment in a county jail pursuant to subdivision (h) of Section
211170, the agency designated by the board of supervisors in the
22county where the prisoner is incarcerated, may collect the
23restitution order first, pursuant to subdivision (h).
24(m) If an inmate is housed at an institution that requires food
25to be purchased from the institution canteen for unsupervised
26overnight visits, and if the money for the purchase of this food is
27received from funds other than the inmate’s wages, that money
28shall be exempt from restitution deductions. This exemption shall
29apply to the actual amount spent on food for the visit up to a
30maximum of fifty dollars ($50) for visits that include the inmate
31and one visitor,
seventy dollars ($70) for visits that include the
32inmate and two or three visitors, and eighty dollars ($80) for visits
33that include the inmate and four or more visitors.
34(n) Compensatory or punitive damages awarded by trial or
35settlement to any inmate, parolee, person placed on postrelease
36community supervision pursuant to Section 3451, or defendant on
37mandatory supervision imposed pursuant to subparagraph (B) of
38paragraph (5) of subdivision (h) of Section 1170, in connection
39with a civil action brought against a federal, state, or local jail,
40prison, or correctional facility, or any official or agent thereof,
P225 1shall be paid directly, after payment of reasonable attorney’s fees
2and litigation costs approved by the court, to satisfy any
3outstanding restitution orders or restitution fines against that
4person. The balance of the award shall be forwarded to the payee
5after full payment of all outstanding restitution orders and
6restitution fines,
subject to subdivisions (e) and (i). The Department
7of Corrections and Rehabilitation shall make all reasonable efforts
8to notify the victims of the crime for which that person was
9convicted concerning the pending payment of any compensatory
10or punitive damages. For any prisoner punished by imprisonment
11in a county jail pursuant to subdivision (h) of Section 1170, the
12agency is authorized to make all reasonable efforts to notify the
13victims of the crime for which that person was convicted
14concerning the pending payment of any compensatory or punitive
15damages.
16(o) (1) Amounts transferred to the California Victim
17Compensation Board for payment of direct orders of restitution
18shall be paid to the victim within 60 days from the date the
19restitution revenues are received by the California Victim
20Compensation Board. If the restitution payment to a victim is less
21than twenty-five dollars ($25), then payment need not be forwarded
22
to that victim until the payment reaches twenty-five dollars ($25)
23or when the victim requests payment of the lesser amount.
24(2) If a victim cannot be located, the restitution revenues
25received by the California Victim Compensation Board on behalf
26of the victim shall be held in trust in the Restitution Fund until the
27end of the state fiscal year subsequent to the state fiscal year in
28which the funds were deposited or until the time that the victim
29has provided current address information, whichever occurs sooner.
30Amounts remaining in trust at the end of the specified period of
31time shall revert to the Restitution Fund.
32(3) (A) A victim failing to provide a current address within the
33period of time specified in paragraph (2) may provide
34documentation to the Department of Corrections and Rehabilitation,
35which shall verify that moneys were collected on behalf of
the
36victim. Upon receipt of that verified information from the
37Department of Corrections and Rehabilitation, the California
38Victim Compensation Board shall transmit the restitution revenues
39to the victim in accordance with the provisions of subdivision (c)
40or (h).
P226 1(B) A victim failing to provide a current address within the
2period of time specified in paragraph (2) may provide
3documentation to the agency designated by the board of supervisors
4in the county where the prisoner punished by imprisonment in a
5county jail pursuant to subdivision (h) of Section 1170 is
6incarcerated, which may verify that moneys were collected on
7behalf of the victim. Upon receipt of that verified information from
8the agency, the California Victim Compensation Board shall
9transmit the restitution revenues to the victim in accordance with
10the provisions of subdivision (d) or (h).
Section 2085.6 of the Penal Code is amended to
12read:
(a) When a prisoner who owes a restitution fine, or
14any portion thereof, is subsequently released from the custody of
15the Department of Corrections and Rehabilitation or a county jail
16facility, and is subject to postrelease community supervision under
17Section 3451 or mandatory supervision under subdivision (h) of
18Section 1170, he or she shall have a continuing obligation to pay
19the restitution fine in full. The restitution fine obligation and any
20portion left unsatisfied upon placement in postrelease community
21supervision or mandatory supervision is enforceable and may be
22collected, in a manner to be established by the county board of
23supervisors, by the department or county agency designated by
24the board of supervisors in the county where the prisoner is
25released. If a county elects to collect restitution fines, the
26department
or county agency designated by the county board of
27supervisors shall transfer the amount collected to the California
28Victim Compensation Board for deposit in the Restitution Fund
29in the State Treasury.
30(b) When a prisoner who owes payment for a restitution order,
31or any portion thereof, is released from the custody of the
32Department of Corrections and Rehabilitation or a county jail
33facility, and is subject to postrelease community supervision under
34Section 3451 or mandatory supervision under subdivision (h) of
35Section 1170, he or she shall have a continuing obligation to pay
36the restitution order in full. The restitution order obligation and
37any portion left unsatisfied upon placement in postrelease
38community supervision or mandatory supervision is enforceable
39and may be collected, in a manner to be established by the county
40board of supervisors, by the agency designated by the county board
P227 1of supervisors in the county where the prisoner is
released. If the
2county elects to collect the restitution order, the agency designated
3by the county board of supervisors for collection shall transfer the
4collected amount to the California Victim Compensation for deposit
5in the Restitution Fund in the State Treasury or may pay the victim
6directly. The sentencing court shall be provided a record of
7payments made to the victim and of the payments deposited into
8the Restitution Fund.
9(c) Any portion of a restitution order or restitution fine that
10remains unsatisfied after an individual is released from postrelease
11community supervision or mandatory supervision shall continue
12to be enforceable by a victim pursuant to Section 1214 until the
13obligation is satisfied.
14(d) At its discretion, a county board of supervisors may impose
15a fee upon the individual subject to postrelease community
16supervision or mandatory supervision to cover
the actual
17administrative cost of collecting the restitution fine and the
18restitution order, not to exceed 10 percent of the amount collected,
19the proceeds of which shall be deposited into the general fund of
20the county.
21(e) If a county elects to collect both a restitution fine and a
22restitution order, the amount owed on the restitution order shall
23be collected before the restitution fine.
24(f) If a county elects to collect restitution fines and restitution
25orders pursuant to this section, the county shall coordinate efforts
26with the Franchise Tax Board pursuant to Section 19280 of the
27Revenue and Taxation Code.
28(g) Pursuant to Section 1214, the county agency selected by a
29county board of supervisors to collect restitution fines and
30restitution orders may collect restitution fines and restitution orders
31after an
individual is no longer on postrelease community
32supervision or mandatory supervision or after a term in custody
33pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
34of Section 1170.
35(h) For purposes of this section, the following definitions shall
36apply:
37(1) “Restitution fine” means a fine imposed pursuant to
38subdivision (a) of Section 13967 of the Government Code, as
39operative prior to September 29, 1994, subdivision (b) of Section
P228 1730.6 of the Welfare and Institutions Code, or subdivision (b) of
2Section 1202.4.
3(2) “Restitution order” means an order for restitution to the
4victim of a crime imposed pursuant to subdivision (c) of Section
513967 of the Government Code, as operative prior to September
629, 1994, subdivision (h) of Section 730.6 of the Welfare and
7Institutions Code, or subdivision (f) of
Section 1202.4.
Section 2786 of the Penal Code is amended to read:
All money received pursuant to this article in the Inmate
10Welfare Fund of the Department of Corrections and Rehabilitation
11is hereby appropriated for educational, recreational, and other
12purposes described in Section 5006 at the various prison camps
13established under this article and shall be expended by the secretary
14upon warrants drawn upon the State Treasury by the Controller
15after approval of the claims by the Department of General Services.
16It is the intent of the Legislature that moneys in this fund only be
17expended on services other than those that the department is
18required to provide to inmates.
Section 4900 of the Penal Code is amended to read:
Any person who, having been convicted of any crime
21against the state amounting to a felony and imprisoned in the state
22prison or incarcerated in county jail pursuant to subdivision (h) of
23Section 1170 for that conviction, is granted a pardon by the
24Governor for the reason that the crime with which he or she was
25charged was either not committed at all or, if committed, was not
26committed by him or her, or who, being innocent of the crime with
27which he or she was charged for either of the foregoing reasons,
28shall have served the term or any part thereof for which he or she
29was imprisoned in state prison or incarcerated in county jail, may,
30under the conditions provided under this chapter, present a claim
31against the state to the California Victim Compensation Board for
32the pecuniary injury sustained by him or her through the erroneous
33conviction and
imprisonment or incarceration.
Section 4901 of the Penal Code is amended to read:
(a) A claim under Section 4900, accompanied by a
36statement of the facts constituting the claim, verified in the manner
37provided for the verification of complaints in civil actions, is
38required to be presented by the claimant to the California Victim
39Compensation Board within a period of two years after judgment
40of acquittal or after pardon granted, or after release from custody,
P229 1and no claim not so presented shall be considered by the California
2Victim Compensation Board.
3(b) For purposes of subdivision (a), “release from custody”
4means release from imprisonment from state prison or from
5incarceration in county jail when there is no subsequent parole
6jurisdiction exercised by the Department of Correction and
7Rehabilitation or postrelease jurisdiction under a
community
8corrections program, or when there is a parole period or postrelease
9period subject to jurisdiction of a community corrections program,
10when that period ends.
11(c) A person may not file a claim under Section 4900 until 60
12days have passed since the date of reversal of conviction or granting
13of the writ, or while the case is pending upon an initial refiling, or
14until a complaint or information has been dismissed a single time.
Section 4902 of the Penal Code is amended to read:
(a) If the provisions of Section 851.865 or 1485.55 apply
17in any claim, the California Victim Compensation Board shall,
18within 30 days of the presentation of the claim, calculate the
19compensation for the claimant pursuant to Section 4904 and
20recommend to the Legislature payment of that sum. As to any
21claim to which Section 851.865 or 1485.55 does not apply, the
22Attorney General shall respond to the claim within 60 days or
23request an extension of time, upon a showing of good cause.
24(b) Upon receipt of a response from the Attorney General, the
25board shall fix a time and place for the hearing of the claim, and
26shall mail notice thereof to the claimant and to the Attorney
27General at least 15 days prior to the time fixed for the hearing. The
28board shall use reasonable
diligence in setting the date for the
29hearing and shall attempt to set the date for the hearing at the
30earliest date convenient for the parties and the board.
31(c) If the time period for response elapses without a request for
32extension or a response from the Attorney General pursuant to
33subdivision (a), the board shall fix a time and place for the hearing
34of the claim, mail notice thereof to the claimant at least 15 days
35prior to the time fixed for the hearing, and make a recommendation
36based on the claimant’s verified claim and any evidence presented
37by him or her.
Section 4904 of the Penal Code is amended to read:
If the evidence shows that the crime with which the
40claimant was charged was either not committed at all, or, if
P230 1committed, was not committed by the claimant, and that the
2claimant has sustained injury through his or her erroneous
3conviction and imprisonment, the California Victim Compensation
4Board shall report the facts of the case and its conclusions to the
5next Legislature, with a recommendation that the Legislature make
6an appropriation for the purpose of indemnifying the claimant for
7the injury. The amount of the appropriation recommended shall
8be a sum equivalent to one hundred forty dollars ($140) per day
9of incarceration served, and shall include any time spent in custody,
10including in a county jail, that is considered to be part of the term
11of incarceration. That appropriation shall not be treated as gross
12income to the recipient under the
Revenue and Taxation Code.
Section 4905 of the Penal Code is amended to read:
The California Victim Compensation Board shall make
15up its report and recommendation and shall give to the Controller
16a statement showing its recommendations for appropriations under
17this chapter, as provided by law in cases of other claimants against
18the state for which no appropriations have been made.
Section 4906 of the Penal Code is amended to read:
The California Victim Compensation Board is hereby
21authorized to make all needful rules and regulations consistent
22with the law for the purpose of carrying into effect this chapter.
Section 11163 of the Penal Code is amended to read:
(a) The Legislature finds and declares that even though
25the Legislature has provided for immunity from liability, pursuant
26to Section 11161.9, for persons required or authorized to report
27pursuant to this article, that immunity does not eliminate the
28possibility that actions may be brought against those persons based
29upon required reports of abuse pursuant to other laws.
30In order to further limit the financial hardship that those persons
31may incur as a result of fulfilling their legal responsibility, it is
32necessary that they not be unfairly burdened by legal fees incurred
33in defending those actions.
34(b) (1) Therefore, a health practitioner may present a claim
to
35the Department of General Services for reasonable attorney’s fees
36incurred in any action against that person on the basis of that person
37reporting in accordance with this article if the court dismisses the
38action upon a demurrer or motion for summary judgment made
39by that person or if that person prevails in the action.
P231 1(2) The Department of General Services shall allow the claim
2pursuant to paragraph (1) if the requirements of paragraph (1) are
3met, and the claim shall be paid from an appropriation to be made
4for that purpose. Attorney’s fees awarded pursuant to this section
5shall not exceed an hourly rate greater than the rate charged by the
6Attorney General at the time the award is made and shall not
7exceed an aggregate amount of fifty thousand dollars ($50,000).
8(3) This subdivision shall not apply if a public entity has
9provided for the defense of the action pursuant to
Section 995 of
10the Government Code.
Section 11172 of the Penal Code is amended to read:
(a) No mandated reporter shall be civilly or criminally
13liable for any report required or authorized by this article, and this
14immunity shall apply even if the mandated reporter acquired the
15knowledge or reasonable suspicion of child abuse or neglect outside
16of his or her professional capacity or outside the scope of his or
17her employment. Any other person reporting a known or suspected
18instance of child abuse or neglect shall not incur civil or criminal
19liability as a result of any report authorized by this article unless
20it can be proven that a false report was made and the person knew
21that the report was false or was made with reckless disregard of
22the truth or falsity of the report, and any person who makes a report
23of child abuse or neglect known to be false or with reckless
24disregard of the truth or falsity of the report is
liable for any
25damages caused. No person required to make a report pursuant to
26this article, nor any person taking photographs at his or her
27direction, shall incur any civil or criminal liability for taking
28photographs of a suspected victim of child abuse or neglect, or
29causing photographs to be taken of a suspected victim of child
30abuse or neglect, without parental consent, or for disseminating
31the photographs, images, or material with the reports required by
32this article. However, this section shall not be construed to grant
33immunity from this liability with respect to any other use of the
34photographs.
35(b) Any person, who, pursuant to a request from a government
36agency investigating a report of suspected child abuse or neglect,
37provides the requesting agency with access to the victim of a
38known or suspected instance of child abuse or neglect shall not
39incur civil or criminal liability as a result of providing that access.
P232 1(c) Any commercial computer technician, and any employer of
2any commercial computer technician, who, pursuant to a warrant
3from a law enforcement agency investigating a report of suspected
4child abuse or neglect, provides the law enforcement agency with
5a computer or computer component which contains possible
6evidence of a known or suspected instance of child abuse or
7neglect, shall not incur civil or criminal liability as a result of
8providing that computer or computer component to the law
9enforcement agency.
10(d) (1) The Legislature finds that even though it has provided
11immunity from liability to persons required or authorized to make
12reports pursuant to this article, that immunity does not eliminate
13the possibility that actions may be brought against those persons
14based upon required or authorized reports. In order to further limit
15the financial hardship that
those persons may incur as a result of
16fulfilling their legal responsibilities, it is necessary that they not
17be unfairly burdened by legal fees incurred in defending those
18actions. Therefore, a mandated reporter may present a claim to the
19Department of General Services for reasonable attorney’s fees and
20costs incurred in any action against that person on the basis of
21making a report required or authorized by this article if the court
22has dismissed the action upon a demurrer or motion for summary
23judgment made by that person, or if he or she prevails in the action.
24The Department of General Services shall allow that claim if the
25requirements of this subdivision are met, and the claim shall be
26paid from an appropriation to be made for that purpose. Attorney’s
27fees awarded pursuant to this section shall not exceed an hourly
28rate greater than the rate charged by the Attorney General of the
29State of California at the time the award is made and shall not
30exceed an aggregate amount of fifty thousand dollars
($50,000).
31(2) This subdivision shall not apply if a public entity has
32provided for the defense of the action pursuant to Section 995 of
33the Government Code.
34(e) A court may award attorney’s fees and costs to a commercial
35film and photographic print processor when a suit is brought against
36the processor because of a disclosure mandated by this article and
37the court finds this suit to be frivolous.
Section 13835.2 of the Penal Code is amended to
39read:
(a) Funds appropriated from the Victim-Witness
2Assistance Fund shall be made available through the Office of
3Emergency Services to any public or private nonprofit agency for
4the assistance of victims and witnesses that meets all of the
5following requirements:
6(1) It provides comprehensive services to victims and witnesses
7of all types of crime. It is the intent of the Legislature to make
8funds available only to programs that do not restrict services to
9victims and witnesses of a particular type of crime, and do not
10restrict services to victims of crime in which there is a suspect in
11the case.
12(2) It is recognized by the board of supervisors as the major
13provider of comprehensive services to victims
and witnesses in
14the county.
15(3) It is selected by the board of supervisors as the agency to
16receive funds pursuant to this article.
17(4) It assists victims of crime in the preparation, verification,
18and presentation of their claims to the California Victim
19Compensation Board for indemnification pursuant to Article 1
20(commencing with Section 13959) of Part 4 of Division 3 of Title
212 of the Government Code.
22(5) It cooperates with the California Victim Compensation Board
23in verifying the data required by Article 1 (commencing with
24Section 13959) of Part 4 of Division 3 of Title 2 of the Government
25Code.
26(b) The Office of Emergency Services shall consider the
27following factors, together with any other circumstances it deems
28appropriate, in awarding funds to
public or private nonprofit
29agencies designated as victim and witness assistance centers:
30(1) The capability of the agency to provide comprehensive
31services as defined in this article.
32(2) The stated goals and objectives of the center.
33(3) The number of people to be served and the needs of the
34community.
35(4) Evidence of community support.
36(5) The organizational structure of the agency that will operate
37the center.
38(6) The capability of the agency to provide confidentiality of
39records.
Section 14030 of the Penal Code is amended to read:
(a) The Attorney General shall establish a liaison with
2the United States Marshal’s office in order to facilitate the legal
3processes over which the federal government has sole authority,
4including, but not limited to, those processes included in Section
514024. The liaison shall coordinate all requests for federal
6assistance relating to witness protection as established by this title.
7(b) The Attorney General shall pursue all federal sources that
8may be available for implementing this program. For that purpose,
9the Attorney General shall establish a liaison with the United States
10Department of Justice.
11(c) The Attorney General, with the California Victim
12
Compensation Board, shall establish procedures to maximize
13federal funds for witness protection services.
Section 216 of the Probate Code is amended to read:
(a) For the purposes of this section “confined” means to
16be confined in a prison or facility under the jurisdiction of the
17Department of Corrections and Rehabilitation, or its Division of
18Juvenile Facilities, or confined in any county or city jail, road
19camp, industrial farm, or other local correctional facility.
20(b) The estate attorney, or if there is no estate attorney, the
21beneficiary, the personal representative, or the person in possession
22of property of the decedent shall give the Director of the California
23Victim Compensation Board notice of a decedent’s death not later
24than 90 days after the date of death in either of the following
25circumstances:
26(1) The deceased person has an heir or beneficiary
who is
27confined.
28(2) The estate attorney, or if there is no estate attorney, the
29beneficiary, the personal representative, or the person in possession
30of property of the decedent, knows that an heir or beneficiary has
31previously been confined.
32(c) The notice shall be given as provided in Section 1215 and
33shall include all of the following:
34(1) The name, date of birth, and location of incarceration, or
35current address if no longer incarcerated, of the decedent’s heir or
36beneficiary.
37(2) The heir’s or beneficiary’s CDCR number if incarcerated
38in a Department of Corrections and Rehabilitation facility or
39booking number if incarcerated in a county facility.
40(3) A copy of the decedent’s death certificate.
P235 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.
Section 9202 of the Probate Code is amended to
13read:
(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 Compensation Board notice of the decedent’s
29death in the manner provided in Section 216 if the general personal
30representative or estate attorney knows that an heir or beneficiary
31is or has previously been confined in a prison or facility under the
32jurisdiction of the Department of Corrections and Rehabilitation
33or confined in any county or city jail, road camp, industrial farm,
34or other local correctional facility. The director of the board shall
35have four months after that notice is received in which to pursue
36collection of any outstanding restitution fines or orders.
37(c) (1) Not later than 90 days after the date letters are first issued
38to a general personal representative, the general personal
39representative or estate attorney shall give the Franchise Tax Board
P236 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.
Section 10301 of the Public Contract Code is
15amended to read:
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 the Department of General Services has made a
20determination pursuant to Section 10308, all contracts for the
21acquisition or lease of goods in an amount of twenty-five thousand
22dollars ($25,000), or a higher amount as established by the director,
23shall be made or entered into with the lowest responsible bidder
24meeting specifications.
25For purposes of determining the lowest bid, the amount of sales
26tax shall be excluded from the total amount of the bid.
Section 10306 of the Public Contract Code is
28amended to read:
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 the
P237 1department has made a final decision as to the
action to be taken
2relative to the protest. In computing the 24-hour periods provided
3for in this section, Saturdays, Sundays, and legal holidays shall be
4excluded.
5Within 10 days after filing a protest, the protesting bidder shall
6file with the department a full and complete written statement
7specifying in detail the ground of the protest and the facts in
8support thereof.
Section 10308 of the Public Contract Code is
10amended to read:
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 the
department and the department
24shall determine which goods will best serve the interests of the
25state, whereupon the department shall issue a contract for the goods
26specified by the department.
Section 10311 of the Public Contract Code is
28amended to read:
(a) An estimate or requisition approved by the state
30agency in control of the appropriation or fund against which an
31acquisition is to be charged, is full authority for any contract for
32goods of the quality specified by the agency or determined by the
33department as provided in this article made pursuant thereto by
34the department.
35(b) The department shall issue a call for bids within 30 days
36after receiving a requisition for any goods that are regularly
37acquired within this state. The period of closing time designated
38in the invitations for bids shall be exclusive of holidays and shall
39be extended to the next working day after a holiday.
P238 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.
Section 10326.2 of the Public Contract Code is
13amended to read:
(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.
P239 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 the department has made a final decision as to
11the action to be taken relative to the protest. Within 10 days after
12filing a protest, the protesting bidder shall file with the department
13a full and complete written statement specifying in detail the
14ground
of the protest and the facts in support thereof.
15(e) The total value of vehicles and equipment purchased through
16best value procurement pursuant to this section shall be limited to
17twenty million dollars ($20,000,000) annually.
18(f) On or before June 1, 2020, the Department of General
19Services shall prepare an evaluation of the best value procurement
20pilot authorized by this section, including a recommendation on
21whether or not the process should be continued. The evaluation
22shall be posted on the Department of Transportation’s Internet
23Web site on or before June 30, 2020.
24(g) This section shall remain in effect only until January 1, 2021,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2021, deletes or extends that date.
Section 12102.2 of the Public Contract Code is
28amended to read:
(a) Contract awards for all large-scale systems
30integration projects shall be based on the proposal that provides
31the most value-effective solution to the state’s requirements, as
32determined by the evaluation criteria contained in the solicitation
33document. Evaluation criteria for the acquisition of information
34technology goods and services, including systems integration, shall
35provide for the selection of a contractor on an objective basis not
36limited to cost alone.
37(1) The Department of Technology shall invite active
38participation, review, advice, comment, and assistance from the
39private sector and state agencies in developing procedures to
40streamline and to make the acquisition process more efficient,
P240 1including, but not limited to, consideration of
comprehensive
2statements in the request for proposals of the business needs and
3governmental functions, access to studies, planning documents,
4feasibility study reports and draft requests for proposals applicable
5to solicitations, minimizing the time and cost of the proposal
6submittal and selection process, and development of a procedure
7for submission and evaluation of a single proposal rather than
8multiple proposals.
9(2) Solicitations for acquisitions based on evaluation criteria
10other than cost alone shall provide that sealed cost proposals shall
11be submitted and that they shall be opened at a time and place
12designated in the solicitation for bids and proposals. Evaluation
13of all criteria, other than cost, shall be completed prior to the time
14designated for public opening of cost proposals, and the results of
15the completed evaluation shall be published immediately before
16the opening of cost proposals. The state’s contact person for
17
administration of the solicitation shall be identified in the
18solicitation for bids and proposals, and that person shall execute
19a certificate under penalty of perjury, which shall be made a
20permanent part of the official contract file, that all cost proposals
21received by the state have been maintained sealed and under lock
22and key until the time cost proposals are opened.
23(b) The acquisition of hardware acquired independently of a
24system integration project may be made on the basis of lowest cost
25meeting all other specifications.
26(c) The 5 percent small business preference provided for in
27Chapter 6.5 (commencing with Section 14835) of Part 5.5 of
28Division 3 of Title 2 of the Government Code and the regulations
29implementing that chapter shall be accorded to all qualifying small
30businesses.
31(d) For all transactions
formally advertised, evaluation of
32bidders’ proposals for the purpose of determining contract award
33for information technology goods shall provide for consideration
34of a bidder’s best financing alternatives, including lease or purchase
35alternatives, if any bidder so requests, not less than 30 days prior
36to the date of final bid submission, unless the acquiring agency
37can prove to the satisfaction of the Department of General Services
38that a particular financing alternative should not be so considered.
39(e) Acquisition authority may be delegated by the Director of
40General Services to any state agency that has been determined by
P241 1the Department of General Services to be capable of effective use
2of that authority. This authority may be limited by the Department
3of General Services. Acquisitions conducted under delegated
4authority shall be reviewed by the Department of General Services
5on a selective basis.
6(f) To the extent practical, the solicitation documents shall
7provide for a contract to be written to enable acquisition of
8additional items to avoid essentially redundant acquisition
9processes when it can be determined that it is economical to do
10so.
11(g) Protest procedures shall be developed to provide bidders an
12opportunity to protest any formal, competitive acquisition
13conducted in accordance with this chapter. The procedures shall
14provide that protests must be filed no later than five working days
15after the issuance of an intent to award. Authority to protest may
16be limited to participating bidders. The Director of Technology,
17or a person designated by the director, may consider and decide
18on initial protests of bids for information technology projects
19conducted by the Department of Technology and
20telecommunications procurement made pursuant to Section 12120.
21The Director of the
Department of General Services, or a person
22designated by the director, may consider and decide on initial
23protests of all other information technology acquisitions. A decision
24regarding an initial protest shall be final. If prior to the last day to
25protest, any bidder who has submitted an offer files a protest with
26the department against the awarding of the contract on the ground
27that his or her bid or proposal should have been selected in
28accordance with the selection criteria in the solicitation document,
29the contract shall not be awarded until either the protest has been
30withdrawn or the Department of General Services has made a final
31decision as to the action to be taken relating to the protest. Within
3210 calendar days after filing a protest, the protesting bidder shall
33file with the Department of General Services a full and complete
34written statement specifying in detail the grounds of the protest
35and the facts in support thereof.
36(h) Consistent with the procedures established and administered
37by the Department of General Services, information technology
38goods that have been determined to be surplus to state needs shall
39be disposed of in a manner that will best serve the interests of the
P242 1state. Procedures governing the disposal of surplus goods may
2include auction or transfer to local governmental entities.
3(i) A supplier may be excluded from bid processes if the
4supplier’s performance with respect to a previously awarded
5contract has been unsatisfactory, as determined by the state in
6accordance with established procedures that shall be maintained
7in the State Administrative Manual. This exclusion may not exceed
836 months for any one determination of unsatisfactory
9performance. Any supplier excluded in accordance with this section
10shall be reinstated as a qualified supplier at any time during this
1136-month period, upon demonstrating to the Department of
General
12Services’ satisfaction that the problems that resulted in the
13supplier’s exclusion have been corrected.
Section 4116 of the Public Resources Code is
15amended to read:
Any claim for damages arising against the state under
17Section 4114 or 4115 shall be presented to the Department of
18General Services in accordance with Part 3 (commencing with
19Section 900) and Part 4 (commencing with Section 940) of Division
203.6 of Title 1 of the Government Code and, if not covered by
21insurance, shall be payable only out of funds appropriated by the
22Legislature for that purpose. If the state has elected to acquire
23liability insurance, the Department of General Services may
24automatically deny this claim.
Section 4602.6 of the Public Resources Code is
26amended to read:
(a) If a timber operator believes that a forest officer
28lacked reasonable cause to issue or extend a stop order pursuant
29to Section 4602.5, the timber operator may present a claim to the
30Department of General Services pursuant to Part 3 (commencing
31with Section 900) of Division 3.6 of Title 1 of the Government
32Code for compensation and damages resulting from the stopping
33of timber operations.
34(b) If the Department of General Services finds that the forest
35officer lacked reasonable cause to issue or extend the stop order,
36the department shall award a sum of not less than one hundred
37dollars ($100) nor more than one thousand dollars ($1,000) per
38day for each day the order was in effect.
Section 5093.68 of the Public Resources Code is
40amended to read:
(a) Within the boundaries of special treatment areas
2adjacent to wild, scenic, or recreational river segments, all of the
3following provisions shall apply, in addition to any other applicable
4provision under this chapter or generally, whether by statute or
5regulation:
6(1) A timber operator, whether licensed or not, is responsible
7for the actions of his or her employees. The registered professional
8forester who prepares and signs a timber harvesting plan, a timber
9management plan, or a notice of timber operations is responsible
10for its contents, but is not responsible for the implementation or
11execution of the plan or notice unless employed for that purpose.
12(2) A registered professional forester preparing a timber
13harvesting plan shall certify that he or she or a qualified
14representative has personally inspected the plan area on the ground.
15(b) In order to temporarily suspend timber operations that are
16being conducted within special treatment areas adjacent to wild,
17scenic, or recreational rivers designated pursuant to Section
185093.54, while judicial remedies are pursued pursuant to this
19section, an inspecting forest officer of the Department of Forestry
20and Fire Protection may issue a written timber operations stop
21order if, upon reasonable cause, the officer determines that a timber
22operation is being conducted, or is about to be conducted, in
23violation of Chapter 8 (commencing with Section 4511) of Part 2
24of Division 4, or of rules and regulations adopted pursuant to those
25provisions, and that the violation or threatened violation would
26result in imminent and substantial damage to
soil, water, or timber
27resources or to fish and wildlife habitat. A stop order shall apply
28only to those acts or omissions that are the proximate cause of the
29violation or that are reasonably foreseen would be the proximate
30cause of a violation. The stop order shall be effective immediately
31and throughout the next day.
32(c) A supervising forest officer may, after an onsite
33investigation, extend a stop order issued pursuant to subdivision
34(b) for up to five days, excluding Saturday and Sunday, if the forest
35officer finds that the original stop order was issued upon reasonable
36cause. A stop order shall not be issued or extended for the same
37act or omission more than one time.
38(d) Each stop order shall identify the specific act or omission
39that constitutes a violation or that, if foreseen, would constitute a
P244 1violation, the specific timber operation that is to be stopped, and
2any
corrective or mitigative actions that may be required.
3(e) The Department of Forestry and Fire Protection may
4terminate the stop order if the timber operator enters into a written
5agreement with the department assuring that the timber operator
6will resume operations in compliance with the provisions of
7Chapter 8 (commencing with Section 4511) of Part 2 of Division
84, and with the rules and regulations adopted pursuant to those
9provisions, and will correct any violation. The department may
10require a reasonable cash deposit or bond payable to the department
11as a condition of compliance with the agreement.
12(f) Notice of the issuance of a stop order or an extension of a
13stop order shall be deemed to have been made to all persons
14working on the timber operation when a copy of the written order
15is delivered to the person in charge of operations at the time that
16the order is issued or,
if no persons are present at that time, by
17posting a copy of the order conspicuously on the yarder or log
18loading equipment at a currently active landing on the timber
19operations site. If no person is present at the site when the order
20is issued, the issuing forest officer shall deliver a copy of the order
21to the timber operator either in person or to the operator’s address
22of record prior to the commencement of the next working day.
23(g) As used in this section, “forest officer” means a registered
24professional forester employed by the Department of Forestry and
25Fire Protection in a civil service classification of forester II or
26higher grade.
27(h) (1) Failure of the timber operator or an employee of the
28timber operator, after receiving notice pursuant to this section, to
29comply with a validly issued stop order is a violation of this section
30and is a misdemeanor
punishable by a fine of not less than five
31hundred dollars ($500), or by imprisonment for not more than one
32year in the county jail, or both. The person shall also be subject to
33civil damages to the state not to exceed ten thousand dollars
34($10,000) for each misdemeanor violation. However, in all cases,
35the timber operator, and not an employee of the operator or any
36other person, shall be charged with that violation. Each day or
37portion thereof that the violation continues shall constitute a new
38and separate offense.
39(2) In determining the penalty for a timber operator guilty of
40violating a validly issued stop order, the court shall take into
P245 1consideration all relevant circumstances, including, but not limited
2to, the following:
3(A) The extent of harm to soil, water, or timber resources or to
4fish and wildlife habitat.
5(B) Corrective action, if any, taken by the defendant.
6(i) Nothing in this section prevents a timber operator from
7seeking an alternative writ as prescribed in Chapter 2 (commencing
8with Section 1084) of Title 1 of Part 3 of the Code of Civil
9Procedure, or as provided by any other provision of law.
10(j) (1) If a timber operator believes that a forest officer lacked
11reasonable cause to issue or extend a stop order pursuant to this
12section, the timber operator may present a claim to the Department
13of General Services pursuant to Part 3 (commencing with Section
14900) of Division 3.6 of Title 1 of the Government Code for
15compensation and damages resulting from the stopping of timber
16operations.
17(2) If the Department of General Services finds that the forest
18officer lacked reasonable cause
to issue or extend the stop order,
19the board shall award a sum of not less than one hundred dollars
20($100), nor more than one thousand dollars ($1,000), per day for
21each day the order was in effect.
Chapter 6.7 (commencing with Section 21189.50)
23is added to Division 13 of the Public Resources Code, to read:
24
As used in this chapter, “capitol building annex
29project” means any work of construction of a state capitol building
30annex or restoration, rehabilitation, renovation, or reconstruction
31of the State Capitol Building Annex described in Section 9105 of
32the Government Code that is performed pursuant to Article 5.2
33(commencing with Section 9112) of Chapter 1.5 of Part 1 of
34Division 2 of Title 2 of the Government Code.
On or before July 1, 2017, the Judicial Council shall
36adopt a rule of court to establish procedures applicable to actions
37or proceedings brought to attack, review, set aside, void, or annul
38the certification of the environmental impact report for a capitol
39building annex project or the granting of any project approvals
40that require the actions or proceedings, including any potential
P246 1appeals therefrom, be resolved, to the extent feasible, within 270
2days of certification of the record of proceedings pursuant to
3Section 21189.52.
(a) The lead agency shall prepare and certify the
5record of the proceedings in accordance with this section and in
6accordance with Rule 3.1365 of the California Rules of Court.
7(b) No later than three business days following the date of the
8release of the draft environmental impact report, the lead agency
9shall make available to the public in a readily accessible electronic
10format the draft environmental impact report and all other
11documents submitted to or relied on by the lead agency in the
12preparation of the draft environmental impact report. A document
13prepared by the lead agency after the date of the release of the
14draft environmental impact report that is a part of the
record of the
15proceedings shall be made available to the public in a readily
16accessible electronic format within five business days after the
17document is prepared or received by the lead agency.
18(c) Notwithstanding subdivision (b), documents submitted to
19or relied on by the lead agency that were not prepared specifically
20for the capitol building annex project and are copyright protected
21are not required to be made readily accessible in an electronic
22format. For those copyright protected documents, the lead agency
23shall make an index of these documents available in an electronic
24format no later than the date of the release of the draft
25environmental impact report, or within five business days if the
26document is received or relied on by the lead agency after the
27release of the draft environmental impact report. The index must
28specify the libraries or lead agency offices in which
hard copies
29of the copyrighted materials are available for public review.
30(d) The lead agency shall encourage written comments on the
31capitol building annex project to be submitted in a readily
32accessible electronic format, and shall make any such comment
33available to the public in a readily accessible electronic format
34within five days of its receipt.
35(e) Within seven business days after the receipt of any comment
36that is not in an electronic format, the lead agency shall convert
37that comment into a readily accessible electronic format and make
38it available to the public in that format.
39(f) The lead agency shall indicate
in the record of the
40proceedings comments received that were not considered by the
P247 1lead agency pursuant to subdivision (d) of Section 21189.55 and
2need not include the content of the comments as a part of the
3record.
4(g) Within five days after the filing of the notice required by
5subdivision (a) of Section 21152, the lead agency shall certify the
6record of the proceedings for the approval or determination and
7shall provide an electronic copy of the record to a party that has
8submitted a written request for a copy. The lead agency may charge
9and collect a reasonable fee from a party requesting a copy of the
10record for the electronic copy, which shall not exceed the
11reasonable cost of reproducing that copy.
12(h) Within 10 days after being served with a
complaint or a
13petition for a writ of mandate, the lead agency shall lodge a copy
14of the certified record of proceedings with the superior court.
15(i) Any dispute over the content of the record of the proceedings
16shall be resolved by the superior court. Unless the superior court
17directs otherwise, a party disputing the content of the record shall
18file a motion to augment the record at the time it files its initial
19brief.
20(j) The contents of the record of proceedings shall be as set forth
21in subdivision (e) of Section 21167.6.
(a) In granting relief in an action or proceeding
23brought pursuant to this chapter, the court shall not enjoin the
24capitol building annex project unless the court finds either of the
25following:
26(1) The continuation of the capitol building annex project
27presents an imminent threat to the public health and safety.
28(2) The capitol building annex project site contains unforeseen
29important Native American artifacts or unforeseen important
30historical, archaeological, or ecological values that would be
31materially, permanently, and adversely affected by
the continuation
32of the capitol building annex project unless the court stays or
33enjoins the capitol building annex project.
34(b) If the court finds that either paragraph (1) or (2) of
35subdivision (a) is satisfied, the court shall only enjoin those specific
36activities associated with the capitol building annex project that
37present an imminent threat to public health and safety or that
38materially, permanently, and adversely affect unforeseen important
39Native American artifacts or unforeseen important historical,
40archaeological, or ecological values.
(a) The draft and final environmental impact report
2shall include a notice in not less than 12-point type stating the
3following:
4THIS EIR IS SUBJECT TO CHAPTER 6.7 (COMMENCING
5WITH SECTION 21189.50) OF DIVISION 13 OF THE PUBLIC
6RESOURCES CODE, WHICH PROVIDES, AMONG OTHER
7THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER
8CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE
9PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY
10JUDICIAL ACTION CHALLENGING THE CERTIFICATION
11OF THE EIR OR THE APPROVAL OF THE PROJECT
12DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES
13SET FORTH IN SECTIONS 21189.51 TO 21189.53, INCLUSIVE,
14OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER
156.7 (COMMENCING WITH SECTION 21189.50) OF DIVISION
1613 OF
THE PUBLIC RESOURCES CODE IS INCLUDED IN
17THE APPENDIX TO THIS EIR.
18(b) The draft environmental impact report and final
19environmental impact report shall contain, as an appendix, the full
20text of this chapter.
(a) Within 10 days after the release of the draft
22environmental impact report, the lead agency shall conduct an
23informational workshop to inform the public of the key analyses
24and conclusions of that report.
25(b) Within 10 days before the close of the public comment
26period, the lead agency shall hold a public hearing to receive
27testimony on the draft environmental impact report. A transcript
28of the hearing shall be included as an appendix to the final
29environmental impact report.
30(c) (1) Within five days following the close of
the public
31comment period, a commenter on the draft environmental impact
32report may submit to the lead agency a written request for
33nonbinding mediation. The lead agency shall participate in
34nonbinding mediation with all commenters who submitted timely
35comments on the draft environmental impact report and who
36requested the mediation. Mediation conducted pursuant to this
37paragraph shall end no later than 35 days after the close of the
38public comment period.
P249 1(2) A request for mediation shall identify all areas of dispute
2raised in the comment submitted by the commenter that are to be
3mediated.
4(3) The lead agency shall select one or more mediators who
5shall be retired judges or recognized experts with at least five years
6experience in land use and
environmental law or science, or
7mediation.
8(4) A mediation session shall be conducted on each area of
9dispute with the parties requesting mediation on that area of
10dispute.
11(5) The lead agency shall adopt, as a condition of approval, any
12measures agreed upon by the lead agency and any commenter who
13requested mediation. A commenter who agrees to a measure
14pursuant to this subparagraph shall not raise the issue addressed
15by that measure as a basis for an action or proceeding challenging
16the lead agency’s decision to certify the environmental impact
17report or to grant one or more initial project approvals.
18(d) The lead
agency need not consider written comments
19submitted after the close of the public comment period, unless
20those comments address any of the following:
21(1) New issues raised in the response to comments by the lead
22agency.
23(2) New information released by the public agency subsequent
24to the release of the draft environmental impact report, such as
25new information set forth or embodied in a staff report, proposed
26permit, proposed resolution, ordinance, or similar documents.
27(3) Changes made to the project after the close of the public
28comment period.
29(4) Proposed conditions for approval, mitigation measures, or
30proposed findings required by Section 21081 or a proposed
31reporting and monitoring program required by paragraph (1) of
32subdivision (a) of Section 21081.6, where the lead agency releases
33those documents subsequent to the release of the draft
34environmental impact report.
35(5) New information that was not reasonably known and could
36not have been reasonably known during the public comment period.
The provisions of this chapter are severable. If any
38provision of this chapter or its application is held to be invalid,
39that invalidity shall not affect any other provision or application
40that can be given effect without the invalid provision or application.
Except as otherwise provided expressly in this
2chapter, nothing in this chapter affects the duty of any party to
3comply with this division.
Section 30171.2 of the Public Resources Code is
5amended to read:
(a) Except as provided in subdivision (b), on and
7after January 1, 1985, no agricultural conversion fees may be levied
8or collected under the agricultural subsidy program provided in
9the local coastal program of the City of Carlsbad that was adopted
10and certified pursuant to Section 30171. All other provisions of
11that program shall continue to be operative, including the right to
12develop designated areas as provided in the program.
13(b) This section shall not affect any right or obligation under
14any agreement or contract entered into prior to January 1, 1985,
15pursuant to that agricultural subsidy program, including the
16payment of any fees and the right of development in accordance
17with the provisions of the agreement or
contract. As to these
18properties, the agricultural subsidy fees in existence as of December
1931, 1984, shall be paid and allocated within the City of Carlsbad,
20or on projects outside the city that benefit agricultural programs
21within the city, in accordance with the provisions of the agricultural
22subsidy program as it existed on September 30, 1984.
23(c) Any agricultural conversion fees collected pursuant to the
24agricultural subsidy program and not deposited in the agricultural
25improvement fund in accordance with the local coastal program
26or that have not been expended in the form of agricultural subsidies
27assigned to landowners by the local coastal program land use policy
28plan on January 1, 1985, shall be used by the Department of
29General Services to reimburse the party that paid the fees if no
30agreements or contracts have been entered into or to the original
31parties to the agreements or contracts referred to in subdivision
32(b) in proportion to
the amount of fees paid by the parties.
33However, if the property subject to the fee was under option at the
34time that the original agreement or contract was entered into and
35the optionee was a party to the agricultural subsidy agreement,
36payments allocable to that property shall be paid to the optionee
37in the event the optionee has exercised the option. Reimbursements
38under this section shall be paid within 90 days after January 1,
391985, or payment of the fee, whichever occurs later, and only after
P251 1waiver by the party being reimbursed of any potential legal rights
2resulting from enactment of this section.
3(d) (1) Any person entitled to reimbursement of fees under
4subdivision (c) shall file a claim with the Department of General
5Services, which shall determine the validity of the claim and pay
6that person a pro rata share based on the relative amounts of fees
7paid under the local coastal program or any agreement or contract
8
entered pursuant thereto.
9(2) There is hereby appropriated to the Department of General
10Services the fees referred to in subdivision (c), for the purpose of
11making refunds under this section.
12(e) Notwithstanding any geographical limitation contained in
13this division, funds deposited pursuant to subdivision (b) may be
14expended for physical or institutional development improvements
15needed to facilitate long-term agricultural production within the
16City of Carlsbad. These funds may be used to construct
17improvements outside the coastal zone boundaries in San Diego
18County if the improvements are not inconsistent with the Carlsbad
19local coastal program and the State Coastal Conservancy
20determines that the improvements will benefit agricultural
21production within the coastal zone of the City of Carlsbad.
Section 17059.2 of the Revenue and Taxation Code
23 is amended to read:
(a) (1) For each taxable year beginning on and after
25January 1, 2014, and before January 1, 2025, there shall be allowed
26as a credit against the “net tax,” as defined in Section 17039, an
27amount as determined by the committee pursuant to paragraph (2)
28and approved pursuant to Section 18410.2.
29(2) The credit under this section shall be allocated by GO-Biz
30with respect to the 2013-14 fiscal year through and including the
312017-18 fiscal year. The amount of credit allocated to a taxpayer
32with respect to a fiscal year pursuant to this section shall be as set
33forth in a written agreement between GO-Biz and the taxpayer and
34shall be based on the following factors:
35(A) The number of
jobs the taxpayer will create or retain in this
36state.
37(B) The compensation paid or proposed to be paid by the
38taxpayer to its employees, including wages and fringe benefits.
39(C) The amount of investment in this state by the taxpayer.
P252 1(D) The extent of unemployment or poverty in the area
2according to the United States Census in which the taxpayer’s
3project or business is proposed or located.
4(E) The incentives available to the taxpayer in this state,
5including incentives from the state, local government, and other
6entities.
7(F) The incentives available to the taxpayer in other states.
8(G) The duration of the proposed project
and the duration the
9taxpayer commits to remain in this state.
10(H) The overall economic impact in this state of the taxpayer’s
11project or business.
12(I) The strategic importance of the taxpayer’s project or business
13to the state, region, or locality.
14(J) The opportunity for future growth and expansion in this state
15by the taxpayer’s business.
16(K) The extent to which the anticipated benefit to the state
17exceeds the projected benefit to the taxpayer from the tax credit.
18(3) The written agreement entered into pursuant to paragraph
19(2) shall include:
20(A) Terms and conditions that include the taxable year or years
21for which the
credit allocated shall be allowed, a minimum
22compensation level, and a minimum job retention period.
23(B) Provisions indicating whether the credit is to be allocated
24in full upon approval or in increments based on mutually agreed
25upon milestones when satisfactorily met by the taxpayer.
26(C) Provisions that allow the committee to recapture the credit,
27in whole or in part, if the taxpayer fails to fulfill the terms and
28conditions of the written agreement.
29(b) For purposes of this section:
30(1) “Committee” means the California Competes Tax Credit
31Committee established pursuant to Section 18410.2.
32(2) “GO-Biz” means the Governor’s Office of Business and
33Economic Development.
34(c) For purposes of this section, GO-Biz shall do the following:
35(1) Give priority to a taxpayer whose project or business is
36located or proposed to be located in an area of high unemployment
37or poverty.
38(2) Negotiate with a taxpayer the terms and conditions of
39proposed written agreements that provide the credit allowed
40pursuant to this section to a taxpayer.
P253 1(3) Provide the negotiated written agreement to the committee
2for its approval pursuant to Section 18410.2.
3(4) Inform the Franchise Tax Board of the terms and conditions
4of the written agreement upon approval of the written agreement
5by the committee.
6(5) Inform the
Franchise Tax Board of any recapture, in whole
7or in part, of a previously allocated credit upon approval of the
8recapture by the committee.
9(6) Post on its Internet Web site all of the following:
10(A) The name of each taxpayer allocated a credit pursuant to
11this section.
12(B) The estimated amount of the investment by each taxpayer.
13(C) The estimated number of jobs created or retained.
14(D) The amount of the credit allocated to the taxpayer.
15(E) The amount of the credit recaptured from the taxpayer, if
16applicable.
17(7) When determining whether to enter into a
written agreement
18with a taxpayer pursuant to this section, GO-Biz may consider
19other factors, including, but not limited to, the following:
20(A) The financial solvency of the taxpayer and the taxpayer’s
21ability to finance its proposed expansion.
22(B) The taxpayer’s current and prior compliance with federal
23and state laws.
24(C) Current and prior litigation involving the taxpayer.
25(D) The reasonableness of the fee arrangement between the
26taxpayer and any third party providing any services related to the
27credit allowed pursuant to this section.
28(E) Any other factors GO-Biz deems necessary to ensure that
29the administration of the credit allowed pursuant to this section is
30a model of
accountability and transparency and that the effective
31use of the limited amount of credit available is maximized.
32(d) For purposes of this section, the Franchise Tax Board shall
33do all of the following:
34(1) (A) Except as provided in subparagraph (B), review the
35books and records of all taxpayers allocated a credit pursuant to
36this section to ensure compliance with the terms and conditions
37of the written agreement between the taxpayer and GO-Biz.
38(B) In the case of a taxpayer that is a “small business,” as
39defined in Section 17053.73, review the books and records of the
40taxpayer allocated a credit pursuant to this section to ensure
P254 1compliance with the terms and conditions of the written agreement
2between the taxpayer and GO-Biz when, in the sole discretion of
3the Franchise Tax Board, a review of
those books and records is
4appropriate or necessary in the best interests of the state.
5(2) Notwithstanding Section 19542:
6(A) Notify GO-Biz of a possible breach of the written agreement
7by a taxpayer and provide detailed information regarding the basis
8for that determination.
9(B) Provide information to GO-Biz with respect to whether a
10taxpayer is a “small business,” as defined in Section 17053.73.
11(e) In the case where the credit allowed under this section
12exceeds the “net tax,” as defined in Section 17039, for a taxable
13year, the excess credit may be carried over to reduce the “net tax”
14in the following taxable year, and succeeding five taxable years,
15if necessary, until the credit has been exhausted.
16(f) Any recapture, in whole or in part, of a credit approved by
17the committee pursuant to Section 18410.2 shall be treated as a
18mathematical error appearing on the return. Any amount of tax
19resulting from that recapture shall be assessed by the Franchise
20Tax Board in the same manner as provided by Section 19051. The
21amount of tax resulting from the recapture shall be added to the
22tax otherwise due by the taxpayer for the taxable year in which
23the committee’s recapture determination occurred.
24(g) (1) The aggregate amount of credit that may be allocated
25in any fiscal year pursuant to this section and Section 23689 shall
26be an amount equal to the sum of subparagraphs (A), (B), and (C),
27less the amount specified in subparagraphs (D) and (E):
28(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
29
year, one hundred fifty million dollars ($150,000,000) for the
302014-15 fiscal year, and two hundred million dollars
31($200,000,000) for each fiscal year from 2015-16 to 2017-18,
32inclusive.
33(B) The unallocated credit amount, if any, from the preceding
34fiscal year.
35(C) The amount of any previously allocated credits that have
36been recaptured.
37(D) The amount estimated by the Director of Finance, in
38consultation with the Franchise Tax Board and the State Board of
39Equalization, to be necessary to limit the aggregation of the
40estimated amount of exemptions claimed pursuant to Section
P255 16377.1 and of the amounts estimated to be claimed pursuant to
2this section and Sections 17053.73, 23626, and 23689 to no more
3than seven hundred fifty million dollars ($750,000,000) for either
4the current fiscal year or the next fiscal year.
5(i) The Director of Finance shall notify the Chairperson of the
6Joint Legislative Budget Committee of the estimated annual
7allocation authorized by this paragraph. Any allocation pursuant
8to these provisions shall be made no sooner than 30 days after
9written notification has been provided to the Chairperson of the
10Joint Legislative Budget Committee and the chairpersons of the
11committees of each house of the Legislature that consider
12appropriation, or not sooner than whatever lesser time the
13Chairperson of the Joint Legislative Budget Committee, or his or
14her designee, may determine.
15(ii) In no event shall the amount estimated in this subparagraph
16be less than zero dollars ($0).
17(E) (i) For the 2015-16 fiscal year and each fiscal year
18thereafter, the amount of credit estimated by the Director of
Finance
19to be allowed to all qualified taxpayers for that fiscal year pursuant
20to subparagraph (A) or subparagraph (B) of paragraph (1) of
21subdivision (c) of Section 23636.
22(ii) If the amount available per fiscal year pursuant to this section
23and Section 23689 is less than the aggregate amount of credit
24estimated by the Director of Finance to be allowed to qualified
25taxpayers pursuant to subparagraph (A) or subparagraph (B) of
26paragraph (1) of subdivision (c) of Section 23636, the aggregate
27amount allowed pursuant to Section 23636 shall not be reduced
28and, in addition to the reduction required by clause (i), the
29aggregate amount of credit that may be allocated pursuant to this
30section and Section 23689 for the next fiscal year shall be reduced
31by the amount of that deficit.
32(iii) It is the intent of the Legislature that the reductions specified
33in this subparagraph of the
aggregate amount of credit that may
34be allocated pursuant to this section and Section 23689 shall
35continue if the repeal dates of the credits allowed by this section
36and Section 23689 are removed or extended.
37(2) (A) In addition to the other amounts determined pursuant
38to paragraph (1), the Director of Finance may increase the
39aggregate amount of credit that may be allocated pursuant to this
40section and Section 23689 by up to twenty-five million dollars
P256 1($25,000,000) per fiscal year through the 2017-18 fiscal year. The
2amount of any increase made pursuant to this paragraph, when
3combined with any increase made pursuant to paragraph (2) of
4subdivision (g) of Section 23689, shall not exceed twenty-five
5million dollars ($25,000,000) per fiscal year through the 2017-18
6fiscal year.
7(B) It is the intent of the Legislature that the Director of Finance
8increase the
aggregate amount under subparagraph (A) in order to
9mitigate the reduction of the amount available due to the credit
10allowed to all qualified taxpayers pursuant to subparagraph (A) or
11(B) of paragraph (1) of subdivision (c) of Section 23636.
12(3) Each fiscal year, 25 percent of the aggregate amount of the
13credit that may be allocated pursuant to this section and Section
1423689 shall be reserved for small business, as defined in Section
1517053.73 or 23626.
16(4) Each fiscal year, no more than 20 percent of the aggregate
17amount of the credit that may be allocated pursuant to this section
18shall be allocated to any one taxpayer.
19(h) GO-Biz may prescribe rules and regulations as necessary to
20carry out the purposes of this section. Any rule or regulation
21prescribed pursuant to this section may be by adoption of an
22emergency
regulation in accordance with Chapter 3.5 (commencing
23with Section 11340) of Part 1 of Division 3 of Title 2 of the
24Government Code.
25(i) A written agreement between GO-Biz and a taxpayer with
26respect to the credit authorized by this section shall comply with
27existing law on the date the agreement is executed.
28(j) (1) Upon the effective date of this section, the Department
29of Finance shall estimate the total dollar amount of credits that
30will be claimed under this section with respect to each fiscal year
31from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
32(2) The Franchise Tax Board shall annually provide to the Joint
33Legislative Budget Committee, by no later than March 1, a report
34of the total dollar amount of the credits claimed under this section
35with respect to the relevant
fiscal year. The report shall compare
36the total dollar amount of credits claimed under this section with
37respect to that fiscal year with the department’s estimate with
38respect to that same fiscal year. If the total dollar amount of credits
39claimed for the fiscal year is less than the estimate for that fiscal
P257 1year, the report shall identify options for increasing annual claims
2of the credit so as to meet estimated amounts.
3(k) This section is repealed on December 1, 2025.
Section 23636 of the Revenue and Taxation Code
5 is amended to read:
(a) For each taxable year beginning on or after January
71, 2016, and before January 1, 2031, a qualified taxpayer shall be
8allowed a credit against the “tax,” as defined in Section 23036, in
9an amount equal to 171⁄2 percent of qualified wages paid or incurred
10by the qualified taxpayer during the taxable year to qualified
11full-time employees, subject to the limitations under subdivision
12(c).
13(b) For purposes of this section:
14(1) “Annual full-time equivalent” means either of the following:
15(A) In the case of a qualified full-time employee
paid hourly
16qualified wages, “annual full-time equivalent” means the total
17number of hours worked for the qualified taxpayer by the qualified
18full-time employee, not to exceed 2,000 hours per employee,
19divided by 2,000.
20(B) In the case of a salaried qualified full-time employee,
21“annual full-time equivalent” means the total number of weeks
22worked for the qualified taxpayer by the qualified employee
23divided by 52.
24(2) “Qualified full-time employee” means an individual that is
25employed in this state by the qualified taxpayer and satisfies both
26of the following:
27(A) The individual’s services for the qualified taxpayer are
28performed in this state and are at least 80 percent directly related
29to the qualified taxpayer’s prime contract or subcontract to design,
30test, manufacture property, or otherwise support production of
31
property for ultimate use in or as a component of a new advanced
32strategic aircraft for the United States Air Force.
33(B) The individual is paid compensation from the qualified
34taxpayer that satisfies either of the following conditions:
35(i) Is paid qualified wages by the qualified taxpayer for services
36not less than an average of 35 hours per week.
37(ii) Is paid a salary by the qualified taxpayer as compensation
38during the taxable year for full-time employment, within the
39meaning of Section 515 of the Labor Code.
P258 1(3) “Qualified taxpayer” means any taxpayer that is either a
2prime contractor awarded a prime contract or a major first-tier
3subcontractor awarded a subcontract to manufacture property for
4ultimate use in or as a component of a new advanced
strategic
5aircraft for the United States Air Force. For purposes of this
6paragraph, the term “prime contractor” means a contractor that
7was awarded a prime contract for the manufacturing of a new
8advanced strategic aircraft for the United States Air Force. For
9purposes of this paragraph, the term “major first-tier subcontractor”
10means a subcontractor that was awarded a subcontract in an amount
11of at least 35 percent of the amount of the initial prime contract
12awarded for the manufacturing of a new advanced strategic aircraft
13for the United States Air Force.
14(4) “Qualified wages” means wages paid or incurred by the
15qualified taxpayer during the taxable year with respect to qualified
16full-time employees that are direct labor costs, within the meaning
17of Section 263A of the Internal Revenue Code, relating to
18capitalization and inclusion in inventory costs of certain expenses,
19allocable to property manufactured in this state by the qualified
20
taxpayer for ultimate use in or as a component of a new advanced
21strategic aircraft for the United States Air Force.
22(5) “New advanced strategic aircraft for the United States Air
23Force” means a new advanced strategic aircraft developed and
24produced for the United States Air Force under the New Advanced
25Strategic Aircraft Program.
26(6) “New Advanced Strategic Aircraft Program” means the
27project to design, test, manufacture, or otherwise support
28production of a new advanced strategic aircraft for the United
29States Air Force under a contract that is expected to be awarded
30in the first or second calendar quarter of 2015. “New Advanced
31Strategic Aircraft Program” does not include any contract awarded
32prior to August 1, 2014, and does not include a program to upgrade,
33modernize, sustain, or otherwise modify a current United States
34Air Force bomber program, including, but not limited to,
the B-52,
35B-1, or B-2 programs.
36(7) “Total annual full-time equivalents” means the number of
37a qualified taxpayer’s qualified full-time employees computed on
38an annual full-time equivalent basis for the taxable year.
P259 1(c) (1) The total aggregate amount of the credit that may be
2allowed to all qualified taxpayers pursuant to this section shall be
3as follows:
4(A) In years one through five of the credit, the total aggregate
5amount of the credit that may be allowed to all qualified taxpayers
6pursuant to this section shall not exceed twenty- five million dollars
7($25,000,000) per calendar year.
8(B) In years 6 through 10 of the credit, the total aggregate
9amount of the credit that may be allowed to all qualified taxpayers
10pursuant to this
section shall not exceed twenty-eight million
11dollars ($28,000,000) per calendar year.
12(C) In years 11 through 15 of the credit, the total aggregate
13amount of the credit that may be allowed to all qualified taxpayers
14pursuant to this section shall not exceed thirty-one million dollars
15($31,000,000) per calendar year.
16(2) The aggregate number of total annual full-time equivalents
17of all qualified taxpayers with respect to which a credit amount
18may be allowed under this section for a calendar year shall not
19exceed 1,100.
20(3) (A) The Franchise Tax Board shall allocate the credit to the
21qualified taxpayers on a first-come-first-served basis, determined
22by the date the qualified taxpayer’s timely filed original tax return
23is received by the Franchise Tax Board. If the returns of two or
24more qualified
taxpayers are received on the same day and the
25amount of credit remaining to be allocated is insufficient to be
26allocated fully to each, the credit remaining shall be allocated to
27those qualified taxpayers on a pro rata basis.
28(B) For purposes of this paragraph, the date a return is received
29shall be determined by the Franchise Tax Board. The determination
30of the Franchise Tax Board as to the date a return is received and
31whether a return has been timely filed for purposes of this
32paragraph may not be reviewed in any administrative or judicial
33proceeding.
34(C) Any disallowance of a credit claimed due to the limitations
35specified in this subdivision shall be treated as a mathematical
36error appearing on the return. Any amount of tax resulting from
37that disallowance may be assessed by the Franchise Tax Board in
38the same manner as provided in Section 19051.
39(4) The credit allowed under this section must be claimed on a
40timely filed original return.
P260 1(d) In the case where the credit allowed by this section exceeds
2the “tax,” the excess may be carried over to reduce the “tax” in
3the following year, and the seven succeeding years if necessary,
4until the credit is exhausted.
5(e) A credit shall not be allowed unless the credit was reflected
6within the bid upon which the qualified taxpayer’s prime contract
7or subcontract to manufacture property for ultimate use in or as a
8component of a New Advanced Strategic Aircraft Program is based
9by reducing the amount of the bid by a good faith estimate of the
10amount of the credit allowable under this section.
11(f) All references to the credit and ultimate cost reductions
12
incorporated into any successful bid that was awarded a prime
13contract or subcontract and for which a qualified taxpayer is
14making a claim shall be made available to the Franchise Tax Board
15upon request.
16(g) If the qualified taxpayer is allowed a credit pursuant to this
17section for qualified wages paid or incurred, only one credit shall
18be allowed to the taxpayer under this part with respect to any wage
19consisting in whole or in part of those qualified wages.
20(h) (1) The Franchise Tax Board may prescribe regulations
21necessary or appropriate to carry out the purposes of this section.
22(2) The Franchise Tax Board may also prescribe rules,
23guidelines, or procedures necessary or appropriate to carry out the
24purposes of this section. Chapter 3.5 (commencing with Section
2511340) of Part 1 of Division 3
of Title 2 of the Government Code
26shall not apply to any rule, guideline, or procedure prescribed by
27the Franchise Tax Board pursuant to this section.
28(i) This section shall remain in effect only until December 1,
292031, and as of that date is repealed.
Section 23689 of the Revenue and Taxation Code
31 is amended to read:
(a) (1) For each taxable year beginning on and after
33January 1, 2014, and before January 1, 2025, there shall be allowed
34as a credit against the “tax,” as defined in Section 23036, an amount
35as determined by the committee pursuant to paragraph (2) and
36approved pursuant to Section 18410.2.
37(2) The credit under this section shall be allocated by GO-Biz
38with respect to the 2013-14 fiscal year through and including the
392017-18 fiscal year. The amount of credit allocated to a taxpayer
40with respect to a fiscal year pursuant to this section shall be as set
P261 1forth in a written agreement between GO-Biz and the taxpayer and
2shall be based on the following factors:
3(A) The number of jobs the
taxpayer will create or retain in this
4state.
5(B) The compensation paid or proposed to be paid by the
6taxpayer to its employees, including wages and fringe benefits.
7(C) The amount of investment in this state by the taxpayer.
8(D) The extent of unemployment or poverty in the area
9according to the United States Census in which the taxpayer’s
10project or business is proposed or located.
11(E) The incentives available to the taxpayer in this state,
12including incentives from the state, local government, and other
13entities.
14(F) The incentives available to the taxpayer in other states.
15(G) The duration of the proposed project and the
duration the
16taxpayer commits to remain in this state.
17(H) The overall economic impact in this state of the taxpayer’s
18project or business.
19(I) The strategic importance of the taxpayer’s project or business
20to the state, region, or locality.
21(J) The opportunity for future growth and expansion in this state
22by the taxpayer’s business.
23(K) The extent to which the anticipated benefit to the state
24exceeds the projected benefit to the taxpayer from the tax credit.
25(3) The written agreement entered into pursuant to paragraph
26(2) shall include:
27(A) Terms and conditions that include the taxable year or years
28for which the credit
allocated shall be allowed, a minimum
29compensation level, and a minimum job retention period.
30(B) Provisions indicating whether the credit is to be allocated
31in full upon approval or in increments based on mutually agreed
32upon milestones when satisfactorily met by the taxpayer.
33(C) Provisions that allow the committee to recapture the credit,
34in whole or in part, if the taxpayer fails to fulfill the terms and
35conditions of the written agreement.
36(b) For purposes of this section:
37(1) “Committee” means the California Competes Tax Credit
38Committee established pursuant to Section 18410.2.
39(2) “GO-Biz” means the Governor’s Office of Business and
40Economic Development.
P262 1(c) For purposes of this section, GO-Biz shall do the following:
2(1) Give priority to a taxpayer whose project or business is
3located or proposed to be located in an area of high unemployment
4or poverty.
5(2) Negotiate with a taxpayer the terms and conditions of
6proposed written agreements that provide the credit allowed
7pursuant to this section to a taxpayer.
8(3) Provide the negotiated written agreement to the committee
9for its approval pursuant to Section 18410.2.
10(4) Inform the Franchise Tax Board of the terms and conditions
11of the written agreement upon approval of the written agreement
12by the committee.
13(5) Inform the
Franchise Tax Board of any recapture, in whole
14or in part, of a previously allocated credit upon approval of the
15recapture by the committee.
16(6) Post on its Internet Web site all of the following:
17(A) The name of each taxpayer allocated a credit pursuant to
18this section.
19(B) The estimated amount of the investment by each taxpayer.
20(C) The estimated number of jobs created or retained.
21(D) The amount of the credit allocated to the taxpayer.
22(E) The amount of the credit recaptured from the taxpayer, if
23applicable.
24(7) When determining whether to enter into a
written agreement
25with a taxpayer pursuant to this section, GO-Biz may consider
26other factors, including, but not limited to, the following:
27(A) The financial solvency of the taxpayer and the taxpayer’s
28ability to finance its proposed expansion.
29(B) The taxpayer’s current and prior compliance with federal
30and state laws.
31(C) Current and prior litigation involving the taxpayer.
32(D) The reasonableness of the fee arrangement between the
33taxpayer and any third party providing any services related to the
34credit allowed pursuant to this section.
35(E) Any other factors GO-Biz deems necessary to ensure that
36the administration of the credit allowed pursuant to this section is
37a model of
accountability and transparency and that the effective
38use of the limited amount of credit available is maximized.
39(d) For purposes of this section, the Franchise Tax Board shall
40do all of the following:
P263 1(1) (A) Except as provided in subparagraph (B), review the
2books and records of all taxpayers allocated a credit pursuant to
3this section to ensure compliance with the terms and conditions
4of the written agreement between the taxpayer and GO-Biz.
5(B) In the case of a taxpayer that is a “small business,” as
6defined in Section 23626, review the books and records of the
7taxpayer allocated a credit pursuant to this section to ensure
8compliance with the terms and conditions of the written agreement
9between the taxpayer and GO-Biz when, in the sole discretion of
10the Franchise Tax Board, a review of
those books and records is
11appropriate or necessary in the best interests of the state.
12(2) Notwithstanding Section 19542:
13(A) Notify GO-Biz of a possible breach of the written agreement
14by a taxpayer and provide detailed information regarding the basis
15for that determination.
16(B) Provide information to GO-Biz with respect to whether a
17taxpayer is a “small business,” as defined in Section 23626.
18(e) In the case where the credit allowed under this section
19exceeds the “tax,” as defined in Section 23036, for a taxable year,
20the excess credit may be carried over to reduce the “tax” in the
21following taxable year, and succeeding five taxable years, if
22necessary, until the credit has been exhausted.
23(f) Any recapture, in whole or in part, of a credit approved by
24the committee pursuant to Section 18410.2 shall be treated as a
25mathematical error appearing on the return. Any amount of tax
26resulting from that recapture shall be assessed by the Franchise
27Tax Board in the same manner as provided by Section 19051. The
28amount of tax resulting from the recapture shall be added to the
29tax otherwise due by the taxpayer for the taxable year in which
30the committee’s recapture determination occurred.
31(g) (1) The aggregate amount of credit that may be allocated
32in any fiscal year pursuant to this section and Section 17059.2 shall
33be an amount equal to the sum of subparagraphs (A), (B), and (C),
34less the amount specified in subparagraphs (D) and (E):
35(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
36year, one hundred fifty million dollars
($150,000,000) for the
372014-15 fiscal year, and two hundred million dollars
38($200,000,000) for each fiscal year from 2015-16 to 2017-18,
39inclusive.
P264 1(B) The unallocated credit amount, if any, from the preceding
2fiscal year.
3(C) The amount of any previously allocated credits that have
4been recaptured.
5(D) The amount estimated by the Director of Finance, in
6consultation with the Franchise Tax Board and the State Board of
7Equalization, to be necessary to limit the aggregation of the
8estimated amount of exemptions claimed pursuant to Section
96377.1 and of the amounts estimated to be claimed pursuant to
10this section and Sections 17053.73, 17059.2, and 23626 to no more
11than seven hundred fifty million dollars ($750,000,000) for either
12the current fiscal year or the next fiscal year.
13(i) The Director of Finance shall notify the Chairperson of the
14Joint Legislative Budget Committee of the estimated annual
15allocation authorized by this paragraph. Any allocation pursuant
16to these provisions shall be made no sooner than 30 days after
17written notification has been provided to the Chairperson of the
18Joint Legislative Budget Committee and the chairpersons of the
19committees of each house of the Legislature that consider
20appropriation, or not sooner than whatever lesser time the
21Chairperson of the Joint Legislative Budget Committee, or his or
22her designee, may determine.
23(ii) In no event shall the amount estimated in this subparagraph
24be less than zero dollars ($0).
25(E) (i) For the 2015-16 fiscal year and each fiscal year
26thereafter, the amount of credit estimated by the Director of
Finance
27to be allowed to all qualified taxpayers for that fiscal year pursuant
28to subparagraph (A) or subparagraph (B) of paragraph (1) of
29subdivision (c) of Section 23636.
30(ii) If the amount available per fiscal year pursuant to this section
31and Section 17059.2 is less than the aggregate amount of credit
32estimated by the Director of Finance to be allowed to qualified
33taxpayers pursuant to subparagraph (A) or subparagraph (B) of
34paragraph (1) of subdivision (c) of Section 23636, the aggregate
35amount allowed pursuant to Section 23636 shall not be reduced
36and, in addition to the reduction required by clause (i), the
37aggregate amount of credit that may be allocated pursuant to this
38section and Section 17059.2 for the next fiscal year shall be reduced
39by the amount of that deficit.
P265 1(iii) It is the intent of the Legislature that the reductions specified
2in this subparagraph of the
aggregate amount of credit that may
3be allocated pursuant to this section and Section 17059.2 shall
4continue if the repeal dates of the credits allowed by this section
5and Section 17059.2 are removed or extended.
6(2) (A) In addition to the other amounts determined pursuant
7to paragraph (1), the Director of Finance may increase the
8aggregate amount of credit that may be allocated pursuant to this
9section and Section 17059.2 by up to twenty-five million dollars
10($25,000,000) per fiscal year through the 2017-18 fiscal year. The
11amount of any increase made pursuant to this paragraph, when
12combined with any increase made pursuant to paragraph (2) of
13subdivision (g) of Section 17059.2, shall not exceed twenty-five
14million dollars ($25,000,000) per fiscal year through the 2017-18
15fiscal year.
16(B) It is the intent of the Legislature that the Director of Finance
17
increase the aggregate amount under subparagraph (A) in order to
18mitigate the reduction of the amount available due to the credit
19allowed to all qualified taxpayers pursuant to subparagraph (A) or
20(B) of paragraph (1) of subdivision (c) of Section 23636.
21(3) Each fiscal year, 25 percent of the aggregate amount of the
22credit that may be allocated pursuant to this section and Section
2317059.2 shall be reserved for “small business,” as defined in
24Section 17053.73 or 23626.
25(4) Each fiscal year, no more than 20 percent of the aggregate
26amount of the credit that may be allocated pursuant to this section
27shall be allocated to any one taxpayer.
28(h) GO-Biz may prescribe rules and regulations as necessary to
29carry out the purposes of this section. Any rule or regulation
30prescribed pursuant to this section may be by adoption of
an
31emergency regulation in accordance with Chapter 3.5 (commencing
32with Section 11340) of Part 1 of Division 3 of Title 2 of the
33Government Code.
34(i) (1) A written agreement between GO-Biz and a taxpayer
35with respect to the credit authorized by this section shall not
36restrict, broaden, or otherwise alter the ability of the taxpayer to
37assign that credit or any portion thereof in accordance with Section
3823663.
P266 1(2) A written agreement between GO-Biz and a taxpayer with
2respect to the credit authorized by this section must comply with
3existing law on the date the agreement is executed.
4(j) (1) Upon the effective date of this section, the Department
5of Finance shall estimate the total dollar amount of credits that
6will be claimed under this section with respect to each fiscal
year
7from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
8(2) The Franchise Tax Board shall annually provide to the Joint
9Legislative Budget Committee, by no later than March 1, a report
10of the total dollar amount of the credits claimed under this section
11with respect to the relevant fiscal year. The report shall compare
12the total dollar amount of credits claimed under this section with
13respect to that fiscal year with the department’s estimate with
14respect to that same fiscal year. If the total dollar amount of credits
15claimed for the fiscal year is less than the estimate for that fiscal
16year, the report shall identify options for increasing annual claims
17of the credit so as to meet estimated amounts.
18(k) This section is repealed on December 1, 2025.
Section 30162 of the Streets and Highways Code
20 is amended to read:
If the department is unable to collect any tolls due to
22insolvency of the obligor, or if the cost of collection of any tolls
23would be excessive by reason of the smallness of the amount due,
24the department may apply to the Controller for discharge from
25accountability for the collection thereof in the manner provided
26in Sections 13940 to 13943, inclusive, of the Government Code.
Section 1095 of the Unemployment Insurance Code
28 is amended to read:
The director shall permit the use of any information in
30his or her possession to the extent necessary for any of the
31following purposes and may require reimbursement for all direct
32costs incurred in providing any and all information specified in
33this section, except information specified in subdivisions (a) to
34(e), inclusive:
35(a) To enable the director or his or her representative to carry
36out his or her responsibilities under this code.
37(b) To properly present a claim for benefits.
38(c) To acquaint a worker or his or her authorized agent with his
39or her existing or prospective right to benefits.
P267 1(d) To furnish an employer or his or her authorized agent with
2information to enable him or her to fully discharge his or her
3obligations or safeguard his or her rights under this division or
4Division 3 (commencing with Section 9000).
5(e) To enable an employer to receive a reduction in contribution
6rate.
7(f) To enable federal, state, or local governmental departments
8or agencies, subject to federal law, to verify or determine the
9eligibility or entitlement of an applicant for, or a recipient of, public
10social services provided pursuant to Division 9 (commencing with
11Section 10000) of the Welfare and Institutions Code, or Part A of
12Subchapter IV of the federal Social Security Act (42 U.S.C. Sec.
13601 et seq.), when the verification or determination is directly
14connected with, and limited to, the administration of public social
15services.
16(g) To enable county administrators of general relief or
17assistance, or their representatives, to determine entitlement to
18locally provided general relief or assistance, when the
19determination is directly connected with, and limited to, the
20administration of general relief or assistance.
21(h) To enable state or local governmental departments or
22agencies to seek criminal, civil, or administrative remedies in
23connection with the unlawful application for, or receipt of, relief
24provided under Division 9 (commencing with Section 10000) of
25the Welfare and Institutions Code or to enable the collection of
26expenditures for medical assistance services pursuant to Part 5
27(commencing with Section 17000) of Division 9 of the Welfare
28and Institutions Code.
29(i) To provide any law enforcement agency with the name,
30address, telephone
number, birth date, social security number,
31physical description, and names and addresses of present and past
32employers, of any victim, suspect, missing person, potential
33witness, or person for whom a felony arrest warrant has been
34issued, when a request for this information is made by any
35investigator or peace officer as defined by Sections 830.1 and
36830.2 of the Penal Code, or by any federal law enforcement officer
37to whom the Attorney General has delegated authority to enforce
38federal search warrants, as defined under Sections 60.2 and 60.3
39of Title 28 of the Code of Federal Regulations, as amended, and
40when the requesting officer has been designated by the head of
P268 1the law enforcement agency and requests this information in the
2course of and as a part of an investigation into the commission of
3a crime when there is a reasonable suspicion that the crime is a
4felony and that the information would lead to relevant evidence.
5The information provided pursuant to this subdivision shall be
6provided to the extent
permitted by federal law and regulations,
7and to the extent the information is available and accessible within
8the constraints and configurations of existing department records.
9Any person who receives any information under this subdivision
10shall make a written report of the information to the law
11enforcement agency that employs him or her, for filing under the
12normal procedures of that agency.
13(1) This subdivision shall not be construed to authorize the
14release to any law enforcement agency of a general list identifying
15individuals applying for or receiving benefits.
16(2) The department shall maintain records pursuant to this
17subdivision only for periods required under regulations or statutes
18enacted for the administration of its programs.
19(3) This subdivision shall not be construed as limiting the
20information
provided to law enforcement agencies to that pertaining
21only to applicants for, or recipients of, benefits.
22(4) The department shall notify all applicants for benefits that
23release of confidential information from their records will not be
24protected should there be a felony arrest warrant issued against
25the applicant or in the event of an investigation by a law
26enforcement agency into the commission of a felony.
27(j) To provide public employee retirement systems in California
28with information relating to the earnings of any person who has
29applied for or is receiving a disability income, disability allowance,
30or disability retirement allowance, from a public employee
31retirement system. The earnings information shall be released only
32upon written request from the governing board specifying that the
33person has applied for or is receiving a disability allowance or
34disability retirement
allowance from its retirement system. The
35request may be made by the chief executive officer of the system
36or by an employee of the system so authorized and identified by
37name and title by the chief executive officer in writing.
38(k) To enable the Division of Labor Standards Enforcement in
39the Department of Industrial Relations to seek criminal, civil, or
40administrative remedies in connection with the failure to pay, or
P269 1the unlawful payment of, wages pursuant to Chapter 1
2(commencing with Section 200) of Part 1 of Division 2 of, and
3Chapter 1 (commencing with Section 1720) of Part 7 of Division
42 of, the Labor Code.
5(l) To enable federal, state, or local governmental departments
6or agencies to administer child support enforcement programs
7under Part D of Title IV of the federal Social Security Act (42
8U.S.C. Sec. 651 et seq.).
9(m) To provide federal, state, or local governmental departments
10or agencies with wage and claim information in its possession that
11will assist those departments and agencies in the administration
12of the Victims of Crime Program or in the location of victims of
13crime who, by state mandate or court order, are entitled to
14restitution that has been or can be recovered.
15(n) To provide federal, state, or local governmental departments
16or agencies with information concerning any individuals who are
17or have been:
18(1) Directed by state mandate or court order to pay restitution,
19fines, penalties, assessments, or fees as a result of a violation of
20law.
21(2) Delinquent or in default on guaranteed student loans or who
22owe repayment of funds received through other
financial assistance
23programs administered by those agencies. The information released
24by the director for the purposes of this paragraph shall not include
25unemployment insurance benefit information.
26(o) To provide an authorized governmental agency with any or
27all relevant information that relates to any specific workers’
28compensation insurance fraud investigation. The information shall
29be provided to the extent permitted by federal law and regulations.
30For the purposes of this subdivision, “authorized governmental
31agency” means the district attorney of any county, the office of
32the Attorney General, the Contractors’ State License Board, the
33Department of Industrial Relations, and the Department of
34Insurance. An authorized governmental agency may disclose this
35information to the State Bar, the Medical Board of California, or
36any other licensing board or department whose licensee is the
37subject of a workers’ compensation insurance fraud
investigation.
38This subdivision shall not prevent any authorized governmental
39agency from reporting to any board or department the suspected
40misconduct of any licensee of that body.
P270 1(p) To enable the Director of Consumer Affairs, or his or her
2representatives, to access unemployment insurance quarterly wage
3data on a case-by-case basis to verify information on school
4administrators, school staff, and students provided by those schools
5who are being investigated for possible violations of Chapter 8
6(commencing with Section 94800) of Part 59 of Division 10 of
7Title 3 of the Education Code.
8(q) To provide employment tax information to the tax officials
9of Mexico, if a reciprocal agreement exists. For purposes of this
10subdivision, “reciprocal agreement” means a formal agreement to
11exchange information between national taxing officials of Mexico
12and taxing authorities of the State
Board of Equalization, the
13Franchise Tax Board, and the Employment Development
14Department. Furthermore, the reciprocal agreement shall be limited
15to the exchange of information that is essential for tax
16administration purposes only. Taxing authorities of the State of
17California shall be granted tax information only on California
18residents. Taxing authorities of Mexico shall be granted tax
19information only on Mexican nationals.
20(r) To enable city and county planning agencies to develop
21economic forecasts for planning purposes. The information shall
22be limited to businesses within the jurisdiction of the city or county
23whose planning agency is requesting the information, and shall
24not include information regarding individual employees.
25(s) To provide the State Department of Developmental Services
26with wage and employer information that will assist in the
27collection of moneys owed by
the recipient, parent, or any other
28legally liable individual for services and supports provided pursuant
29to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
30and Chapter 2 (commencing with Section 7200) and Chapter 3
31(commencing with Section 7500) of Division 7 of, the Welfare
32and Institutions Code.
33(t) To provide the State Board of Equalization with employment
34tax information that will assist in the administration of tax
35programs. The information shall be limited to the exchange of
36employment tax information essential for tax administration
37purposes to the extent permitted by federal law and regulations.
38(u) Nothing in this section shall be construed to authorize or
39permit the use of information obtained in the administration of this
40code by any private collection agency.
P271 1(v) The disclosure of the name
and address of an individual or
2business entity that was issued an assessment that included
3penalties under Section 1128 or 1128.1 shall not be in violation
4of Section 1094 if the assessment is final. The disclosure may also
5include any of the following:
6(1) The total amount of the assessment.
7(2) The amount of the penalty imposed under Section 1128 or
81128.1 that is included in the assessment.
9(3) The facts that resulted in the charging of the penalty under
10Section 1128 or 1128.1.
11(w) To enable the Contractors’ State License Board to verify
12the employment history of an individual applying for licensure
13pursuant to Section 7068 of the Business and Professions Code.
14(x) To provide any peace
officer with the Division of
15Investigation in the Department of Consumer Affairs information
16pursuant to subdivision (i) when the requesting peace officer has
17been designated by the chief of the Division of Investigation and
18requests this information in the course of and as part of an
19investigation into the commission of a crime or other unlawful act
20when there is reasonable suspicion to believe that the crime or act
21may be connected to the information requested and would lead to
22relevant information regarding the crime or unlawful act.
23(y) To enable the Labor Commissioner of the Division of Labor
24Standards Enforcement in the Department of Industrial Relations
25to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
26uninsured employers. The information shall be provided to the
27extent permitted by federal law and regulations.
28(z) To enable the Chancellor of the
California Community
29Colleges, in accordance with the requirements of Section 84754.5
30of the Education Code, to obtain quarterly wage data, commencing
31January 1, 1993, on students who have attended one or more
32community colleges, to assess the impact of education on the
33employment and earnings of students, to conduct the annual
34evaluation of district-level and individual college performance in
35achieving priority educational outcomes, and to submit the required
36reports to the Legislature and the Governor. The information shall
37be provided to the extent permitted by federal statutes and
38regulations.
39(aa) To enable the Public Employees’ Retirement System to
40seek criminal, civil, or administrative remedies in connection with
P272 1the unlawful application for, or receipt of, benefits provided under
2Part 3 (commencing with Section 20000) of Division 5 of Title 2
3of the Government Code.
4(ab) To enable the State Department of Education, the University
5of California, the California State University, and the Chancellor
6of the California Community Colleges, pursuant to the
7requirements prescribed by the federal American Recovery and
8Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
9wage data, commencing July 1, 2010, on students who have
10attended their respective systems to assess the impact of education
11on the employment and earnings of those students, to conduct the
12annual analysis of district-level and individual district or
13postsecondary education system performance in achieving priority
14educational outcomes, and to submit the required reports to the
15Legislature and the Governor. The information shall be provided
16to the extent permitted by federal statutes and regulations.
17(ac) To provide the Agricultural Labor Relations Board with
18employee, wage, and employer information, for use in the
19
investigation or enforcement of the
20Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
21Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
222 of the Labor Code). The information shall be provided to the
23extent permitted by federal statutes and regulations.
24(ad) (1) To enable the State Department of Health Care
25Services, the California Health Benefit Exchange, the Managed
26Risk Medical Insurance Board, and county departments and
27agencies to obtain information regarding employee wages,
28California employer names and account numbers, employer reports
29of wages and number of employees, and disability insurance and
30unemployment insurance claim information, for the purpose of:
31(A) Verifying or determining the eligibility of an applicant for,
32or a recipient of, state health subsidy programs, limited to the
33Medi-Cal program, provided pursuant to
Chapter 7 (commencing
34with Section 14000) of Part 3 of Division 9 of the Welfare and
35Institutions Code, and the Access for Infants and Mothers Program,
36provided pursuant to Part 6.3 (commencing with Section 12695)
37of Division 2 of the Insurance Code, when the verification or
38determination is directly connected with, and limited to, the
39administration of the state health subsidy programs referenced in
40this subparagraph.
P273 1(B) Verifying or determining the eligibility of an applicant for,
2or a recipient of, federal subsidies offered through the California
3Health Benefit Exchange, provided pursuant to Title 22
4(commencing with Section 100500) of the Government Code,
5including federal tax credits and cost-sharing assistance pursuant
6to the federal Patient Protection and Affordable Care Act (Public
7Law 111-148), as amended by the federal Health Care and
8Education Reconciliation Act of 2010 (Public Law 111-152), when
9the verification or determination is
directly connected with, and
10limited to, the administration of the California Health Benefit
11Exchange.
12(C) Verifying or determining the eligibility of employees and
13employers for health coverage through the Small Business Health
14Options Program, provided pursuant to Section 100502 of the
15Government Code, when the verification or determination is
16directly connected with, and limited to, the administration of the
17Small Business Health Options Program.
18(2) The information provided under this subdivision shall be
19subject to the requirements of, and provided to the extent permitted
20by, federal law and regulations, including Part 603 of Title 20 of
21the Code of Federal Regulations.
22(ae) To provide any peace officer with the Investigations
23Division of the Department of Motor Vehicles with information
24pursuant to subdivision
(i), when the requesting peace officer has
25been designated by the Chief of the Investigations Division and
26requests this information in the course of, and as part of, an
27investigation into identity theft, counterfeiting, document fraud,
28or consumer fraud, and there is reasonable suspicion that the crime
29is a felony and that the information would lead to relevant evidence
30regarding the identity theft, counterfeiting, document fraud, or
31consumer fraud. The information provided pursuant to this
32subdivision shall be provided to the extent permitted by federal
33law and regulations, and to the extent the information is available
34and accessible within the constraints and configurations of existing
35department records. Any person who receives any information
36under this subdivision shall make a written report of the
37information to the Investigations Division of the Department of
38Motor Vehicles, for filing under the normal procedures of that
39division.
P274 1(af) Until January 1, 2020, to enable the Department of Finance
2to prepare and submit the report required by Section 13084 of the
3Government Code that identifies all employers in California that
4employ 100 or more employees who receive benefits from the
5Medi-Cal program (Chapter 7 (commencing with Section 14000)
6of Part 3 of Division 9 of the Welfare and Institutions Code). The
7information used for this purpose shall be limited to information
8obtained pursuant to Section 11026.5 of the Welfare and
9Institutions Code and from the administration of personal income
10tax wage withholding pursuant to Division 6 (commencing with
11Section 13000) and the disability insurance program and may be
12disclosed to the Department of Finance only for the purpose of
13preparing and submitting the report and only to the extent not
14prohibited by federal law.
15(ag) To provide, to the extent permitted by federal law and
16regulations, the Student Aid Commission
with wage information
17in order to verify the employment status of an individual applying
18for a Cal Grant C award pursuant to subdivision (c) of Section
1969439 of the Education Code.
20(ah) To enable the Department of Corrections and Rehabilitation
21to obtain quarterly wage data of former inmates who have been
22incarcerated within the prison system in order to assess the impact
23of rehabilitation services or the lack of these services on the
24employment and earnings of these former inmates. Quarterly data
25for a former inmate’s employment status and wage history shall
26be provided for a period of one year, three years, and five years
27following release. The data shall only be used for the purpose of
28tracking outcomes for former inmates in order to assess the
29effectiveness of rehabilitation strategies on the wages and
30employment histories of those formerly incarcerated. The
31information shall be provided to the department to the extent not
32prohibited by
federal law.
33(ai) To enable federal, state, or local government departments
34or agencies, or their contracted agencies, subject to federal law,
35including the confidentiality, disclosure, and other requirements
36set forth in Part 603 of Title 20 of the Code of Federal Regulations,
37to evaluate, research, or forecast the effectiveness of public social
38services programs administered pursuant to Division 9
39(commencing with Section 10000) of the Welfare and Institutions
40Code, or Part A of Subchapter IV of Chapter 7 of the federal Social
P275 1Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation,
2research, or forecast is directly connected with, and limited to, the
3administration of the public social services programs.
4(aj) To enable the California Workforce Development Board,
5the Chancellor of the California Community Colleges, the
6Superintendent of Public Instruction, the Department
of
7Rehabilitation, the State Department of Social Services, the Bureau
8for Private Postsecondary Education, the Department of Industrial
9Relations, the Division of Apprenticeship Standards, and the
10Employment Training Panel to access any relevant quarterly wage
11data necessary for the evaluation and reporting of their respective
12program performance outcomes as required and permitted by
13various state and federal laws pertaining to performance
14measurement and program evaluation under the federal Workforce
15Innovation and Opportunity Act (Public Law 113-128); the
16workforce performance metrics dashboard pursuant to paragraph
17(1) of subdivision (i) of Section 14013; the Adult Education Block
18Grant Program consortia performance metrics pursuant to Section
1984920 of the Education Code; the economic and workforce
20development program performance measures pursuant to Section
2188650 of the Education Code; and the California Community
22Colleges Economic and Workforce Development Program
23performance measures established in
Part 52.5 (commencing with
24Section 88600) of Division 7 of Title 3 of the Education Code.
Section 14013 of the Unemployment Insurance
26Code is amended to read:
The board shall assist the Governor in the following:
28(a) Promoting the development of a well-educated and highly
29skilled 21st century workforce.
30(b) Developing, implementing, and modifying the State Plan.
31The State Plan shall serve as the comprehensive framework and
32coordinated plan for the aligned investment of all federal and state
33workforce training and employment services funding streams and
34programs. To the extent feasible and when appropriate, the state
35plan should reinforce and work with adult education and career
36technical education efforts that are responsive to labor market
37trends.
38(c) The review of statewide policies, of statewide programs,
39and of
recommendations on actions that should be taken by the
40state to align workforce, education, training, and employment
P276 1funding programs in the state in a manner that supports a
2comprehensive and streamlined workforce development system
3in the state, including the review and provision of comments on
4the State Plan, if any, for programs and activities of one-stop
5partners that are not core programs.
6(d) Developing and continuously improving the statewide
7workforce investment system, including:
8(1) The identification of barriers and means for removing
9barriers to better coordinate, align, and avoid duplication among
10the programs and activities carried out through the system.
11(2) The development of strategies to support the use of career
12pathways for the purpose of providing individuals, including
13low-skilled adults,
youth, and individuals with barriers to
14employment, and including individuals with disabilities, with
15workforce investment activities, education, and supportive services
16to enter or retain employment. To the extent permissible under
17state and federal laws, these policies and strategies should support
18linkages between kindergarten and grades 1 to 12, inclusive, and
19community college educational systems in order to help secure
20educational and career advancement. These policies and strategies
21may be implemented using a sector strategies framework and
22should ultimately lead to placement in a job providing economic
23security or job placement in an entry-level job that has a
24well-articulated career pathway or career ladder to a job providing
25economic security.
26(3) The development of strategies for providing effective
27outreach to and improved access for individuals and employers
28who could benefit from services provided through the workforce
29development
system.
30(4) The development and expansion of strategies for meeting
31the needs of employers, workers, and jobseekers, particularly
32through industry or sector partnerships related to in-demand
33industry sectors and occupations, including policies targeting
34resources to competitive and emerging industry sectors and industry
35clusters that provide economic security and are either high-growth
36sectors or critical to California’s economy, or both. These industry
37sectors and clusters shall have significant economic impacts on
38the state and its regional and workforce development needs and
39have documented career opportunities.
P277 1(5) Recommending adult and dislocated worker training policies
2and investments that offer a variety of career opportunities while
3upgrading the skills of California’s workforce. These may include
4training policies and investments pertaining to any of the following:
5(A) Occupational skills training, including training for
6nontraditional employment.
7(B) On-the-job training.
8(C) Incumbent worker training in accordance with Section
93174(d)(4) of Title 29 of the United States Code.
10(D) Programs that combine workplace training with related
11instruction, which may include cooperative education programs.
12(E) Training programs operated by the private sector.
13(F) Skill upgrading and retraining.
14(G) Entrepreneurial training.
15(H) Transitional jobs in accordance with Section
3174 (d)(5)
16of Title 29 of the United States Code.
17(I) Job readiness training provided in combination with any of
18the services described in subparagraphs (A) to (H), inclusive.
19(J) Adult education and literacy activities provided in
20combination with any of the services described in subparagraphs
21(A) to (G), inclusive.
22(K) Customized training conducted with a commitment by an
23employer or group of employers to employ an individual upon
24successful completion of the training.
25(e) The identification of regions, including planning regions,
26for the purposes of Section 3121(a) of Title 29 of the United States
27Code, and the designation of local areas under Section 3121 of
28Title 29 of the United States Code, after consultation with local
29boards and chief elected
officials.
30(f) The development and continuous improvement of the
31one-stop delivery system in local areas, including providing
32assistance to local boards, one-stop operators, one-stop partners,
33and providers with planning and delivering services, including
34training services and supportive services, to support effective
35delivery of services to workers, job seekers, and employers.
36(g) Recommending strategies to the Governor for strategic
37training investments of the Governor’s 15-percent discretionary
38funds.
P278 1(h) Developing strategies to support staff training and awareness
2across programs supported under the workforce development
3system.
4(i) The development and updating of comprehensive state
5performance accountability measures, including state adjusted
6
levels of performance, to assess the effectiveness of the core
7programs in the state as required under Section 3141(b) of Title
829 of the United States Code. As part of this process the board
9shall do all of the following:
10(1) Develop a workforce metrics dashboard, to be updated
11annually, that measures the state’s human capital investments in
12workforce development to better understand the collective impact
13of these investments on the labor market. The workforce metrics
14dashboard shall be produced using existing available data and
15resources that are currently collected and accessible to state
16agencies. The board shall convene workforce program partners to
17develop a standardized set of inputs and outputs for the workforce
18metrics dashboard. The workforce metrics dashboard shall do all
19of the following:
20(A) Provide a status report on credential attainment, training
21completion, degree
attainment, and participant earnings from
22workforce education and training programs. The board shall publish
23and distribute the final report.
24(B) Provide demographic breakdowns, including, to the extent
25possible, race, ethnicity, age, gender, veteran status, wage and
26credential or degree outcomes, and information on workforce
27outcomes in different industry sectors.
28(C) Measure, at a minimum and to the extent feasible with
29existing resources, the performance of the following workforce
30programs: community college career technical education, the
31Employment Training Panel, Title I and Title II of the federal
32Workforce Investment Act of 1998, Trade Adjustment Assistance,
33and state apprenticeship programs.
34(D) Measure participant earnings in California, and to the extent
35feasible, in other states. The Employment
Development Department
36shall assist the board by calculating aggregated participant earnings
37using unemployment insurance wage records, without violating
38any applicable confidentiality requirements.
39(2) The State Department of Education is hereby authorized to
40collect the social security numbers of adults participating in adult
P279 1education programs so that accurate participation in those programs
2can be represented in the report card. However, an individual shall
3not be denied program participation if he or she refuses to provide
4a social security number. The State Department of Education shall
5keep this information confidential, except, the State Department
6of Education is authorized to share this information, unless
7prohibited by federal law, with the Employment Development
8Department, who shall keep the information confidential and use
9it only to track the labor market outcomes of program participants
10in compliance with all applicable state
and federal laws and
11mandates, including all performance reporting requirements under
12the Workforce Innovation and Opportunity Act.
13(3) (A) Participating workforce programs, as specified in
14subparagraph (C) of paragraph (1), shall provide participant data
15in a standardized format to the Employment Development
16Department.
17(B) The Employment Development Department shall aggregate
18data provided by participating workforce programs and shall report
19the data, organized by demographics, earnings, and industry of
20employment, to the board to assist the board in producing the
21annual workforce metrics dashboard.
22(j) The identification and dissemination of information on best
23practices, including best practices for all of the following:
24(1) The effective operation of one-stop centers, relating to the
25use of business outreach, partnerships, and service delivery
26strategies, including strategies for serving individuals with barriers
27to employment.
28(2) The development of effective local boards, which may
29include information on factors that contribute to enabling local
30boards to exceed negotiated local levels of performance, sustain
31fiscal integrity, and achieve other measures of effectiveness.
32(3) Effective training programs that respond to real-time labor
33market analysis, that effectively use direct assessment and prior
34learning assessment to measure an individual’s prior knowledge,
35skills, competencies, and experiences, and that evaluate such skills,
36and competencies for adaptability, to support efficient placement
37into employment or career pathways.
38(k) The development and review of statewide policies affecting
39the coordinated provision of services through the state’s one-stop
40delivery system described in Section 3151(e) of Title 29 of the
P280 1United States Code, including the development of all of the
2following:
3(1) Objective criteria and procedures for use by local boards in
4assessing the effectiveness and continuous improvement of
5one-stop centers described in Section 3151(e) of Title 29 of the
6United States Code.
7(2) Guidance for the allocation of one-stop center infrastructure
8funds under Section 3151(h) of Title 29 of the United States Code.
9(3) Policies relating to the appropriate roles and contributions
10of entities carrying out one-stop partner programs within the
11one-stop delivery system,
including approaches to facilitating
12equitable and efficient cost allocation in such a system.
13(l) The development of strategies for technological
14improvements to facilitate access to, and improve the quality of,
15services and activities provided through the one-stop delivery
16system, including such improvements to all of the following:
17(1) Enhance digital literacy skills, as defined in Section 9101
18of Title 20 of the United States Code, referred to in this division
19as “digital literacy skills.”
20(2) Accelerate the acquisition of skills and recognized
21postsecondary credentials by participants.
22(3) Strengthen the professional development of providers and
23workforce professionals.
24(4) Ensure the
technology is accessible to individuals with
25disabilities and individuals residing in remote areas.
26(m) The development of strategies for aligning technology and
27data systems across one-stop partner programs to enhance service
28delivery and improve efficiencies in reporting on performance
29accountability measures, including the design and implementation
30of common intake, data collection, case management information,
31and performance accountability measurement and reporting
32processes and the incorporation of local input into such design and
33implementation, to improve coordination of services across
34one-stop partner programs.
35(n) The development of allocation formulas for the distribution
36of funds for employment and training activities for adults, and
37youth workforce investment activities, to local areas as permitted
38under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
39
States Code.
P281 1(o) The preparation of the annual reports described in paragraphs
2(1) and (2) of Section 3141(d) of Title 29 of the United States
3Code.
4(p) The development of the statewide workforce and labor
5market information system described in Section 49l-2(e) of Title
629 of the United States Code.
7(q) The development of such other policies as may promote
8statewide objectives for, and enhance the performance of, the
9workforce development system in the state.
10(r) Helping individuals with barriers to employment, including
11low-skill, low-wage workers, the long-term unemployed, and
12members of single-parent households, achieve economic security
13and upward mobility by implementing policies that encourage the
14attainment of marketable skills relevant to
current labor market
15trends.
Section 1752.81 of the Welfare and Institutions
17Code is amended to read:
(a) Whenever the Director of the Division of Juvenile
19Justice has in his or her possession in trust funds of a ward
20committed to the division, the funds may be released for any
21purpose when authorized by the ward. When the sum held in trust
22for any ward by the director exceeds five hundred dollars ($500),
23the amount in excess of five hundred dollars ($500) may be
24expended by the director pursuant to a lawful order of a court
25directing payment of the funds, without the authorization of the
26ward thereto.
27(b) Whenever an adult or minor is committed to or housed in a
28Division of Juvenile Facilities facility and he or she owes a
29restitution fine imposed pursuant to Section 13967 of the
30Government Code, as operative on or before September 28, 1994,
31or Section 1202.4 or
1203.04 of the Penal Code, as operative on
32or before August 2, 1995, or pursuant to Section 729.6, 730.6 or
33731.1, as operative on or before August 2, 1995, the director shall
34deduct the balance owing on the fine amount from the trust account
35deposits of a ward, up to a maximum of 50 percent of the total
36amount held in trust, unless prohibited by federal law. The director
37shall transfer that amount to the California Victim Compensation
38Board for deposit in the Restitution Fund in the State Treasury.
39Any amount so deducted shall be credited against the amount
P282 1owing on the fine. The sentencing court shall be provided a record
2of the payments.
3(c) Whenever an adult or minor is committed to, or housed in,
4a Division of Juvenile Facilities facility and he or she owes
5restitution to a victim imposed pursuant to Section 13967 of the
6Government Code, as operative on or before September 28, 1994,
7or Section 1202.4 or 1203.04 of the Penal Code, as
operative on
8or before August 2, 1995, or pursuant to Section 729.6, 730.6, or
9731.1, as operative on or before August 2, 1995, the director shall
10deduct the balance owing on the order amount from the trust
11account deposits of a ward, up to a maximum of 50 percent of the
12total amount held in trust, unless prohibited by federal law. The
13director shall transfer that amount directly to the victim. If the
14restitution is owed to a person who has filed an application with
15the Victims of Crime Program, the director shall transfer that
16amount to the California Victim Compensation Board for direct
17payment to the victim or payment shall be made to the Restitution
18Fund to the extent that the victim has received assistance pursuant
19to that program. The sentencing court shall be provided a record
20of the payments made to victims and of the payments deposited
21to the Restitution Fund pursuant to this subdivision.
22(d) Any compensatory or punitive damages
awarded by trial or
23settlement to a minor or adult committed to the Division of Juvenile
24Facilities in connection with a civil action brought against any
25federal, state, or local jail or correctional facility, or any official
26or agent thereof, shall be paid directly, after payment of reasonable
27attorney’s fees and litigation costs approved by the court, to satisfy
28any outstanding restitution orders or restitution fines against the
29minor or adult. The balance of any award shall be forwarded to
30the minor or adult committed to the Division of Juvenile Facilities
31after full payment of all outstanding restitution orders and
32restitution fines subject to subdivision (e). The Division of Juvenile
33Facilities shall make all reasonable efforts to notify the victims of
34the crime for which the minor or adult was committed concerning
35the pending payment of any compensatory or punitive damages.
36This subdivision shall apply to cases settled or awarded on or after
37April 26, 1996, pursuant to Sections 807 and 808 of Title
VIII of
38the federal Prison Litigation Reform Act of 1995 (P.L. 104-134;
3918 U.S.C. Sec. 3626 (Historical and Statutory Notes)).
P283 1(e) The director shall deduct and retain from the trust account
2deposits of a ward, unless prohibited by federal law, an
3administrative fee that totals 10 percent of any amount transferred
4pursuant to subdivision (b) and (c), or 5 percent of any amount
5transferred pursuant to subdivision (d). The director shall deposit
6the administrative fee moneys in a special deposit account for
7reimbursing administrative and support costs of the restitution and
8victims program of the Division of Juvenile Facilities. The director,
9at his or her discretion, may retain any excess funds in the special
10deposit account for future reimbursement of the division’s
11administrative and support costs for the restitution and victims
12program or may transfer all or part of the excess funds for deposit
13in the Restitution Fund.
14(f) When a ward has both a restitution fine and a restitution
15order from the sentencing court, the Division of Juvenile Facilities
16shall collect the restitution order first pursuant to subdivision (c).
17(g) Notwithstanding subdivisions (a), (b), and (c), whenever the
18director holds in trust a ward’s funds in excess of five dollars ($5)
19and the ward cannot be located, after one year from the date of
20discharge, absconding from the Division of Juvenile Facilities
21supervision, or escape, the Division of Juvenile Facilities shall
22apply the trust account balance to any unsatisfied victim restitution
23order or fine owed by that ward. If the victim restitution order or
24fine has been satisfied, the remainder of the ward’s trust account
25balance, if any, shall be transferred to the Benefit Fund to be
26expended pursuant to Section 1752.5. If the victim to whom a
27particular ward owes restitution
cannot be located, the moneys
28shall be transferred to the Benefit Fund to be expended pursuant
29to Section 1752.5.
Section 1752.82 of the Welfare and Institutions
31Code is amended to read:
(a) Whenever an adult or minor is committed to or
33housed in a Youth Authority facility and he or she owes restitution
34to a victim or a restitution fine imposed pursuant to Section 13967,
35as operative on or before September 28, 1994, of the Government
36Code, or Section 1202.4 of the Penal Code, or Section 1203.04,
37as operative on or before August 2, 1994, of the Penal Code, or
38pursuant to Section 729.6, as operative on or before August 2,
391995, Section 730.6 or 731.1, as operative on or before August 2,
401995, the director may deduct a reasonable amount not to exceed
P284 150 percent from the wages of that adult or minor and the amount
2so deducted, exclusive of the costs of administering this section,
3which shall be retained by the director, shall be transferred to the
4California Victim
Compensation Board for deposit in the
5Restitution Fund in the State Treasury in the case of a restitution
6fine, or, in the case of a restitution order, and upon the request of
7the victim, shall be paid directly to the victim. Any amount so
8deducted shall be credited against the amount owing on the fine
9or to the victim. The committing court shall be provided a record
10of any payments.
11(b) A victim who has requested that restitution payments be
12paid directly to him or her pursuant to subdivision (a) shall provide
13a current address to the Youth Authority to enable the Youth
14Authority to send restitution payments collected on the victim’s
15behalf to the victim.
16(c) In the case of a restitution order, whenever the victim has
17died, cannot be located, or has not requested the restitution
18payment, the director may deduct a reasonable amount not to
19exceed 50 percent of the wages of that
adult or minor and the
20amount so deducted, exclusive of the costs of administering this
21section, which shall be retained by the director, shall be transferred
22to the California Victim Compensation Board, pursuant to
23subdivision (d), after one year has elapsed from the time the ward
24is discharged by the Youth Authority Board. Any amount so
25deducted shall be credited against the amount owing to the victim.
26The funds so transferred shall be deposited in the Restitution Fund.
27(d) If the Youth Authority has collected restitution payments
28on behalf of a victim, the victim shall request those payments no
29later than one year after the ward has been discharged by the Youth
30Authority Board. Any victim who fails to request those payments
31within that time period shall have relinquished all rights to the
32payments, unless he or she can show reasonable cause for failure
33to request those payments within that time period.
34(e) The director shall transfer to the California Victim
35Compensation Board all restitution payments collected prior to
36the effective date of this section on behalf of victims who have
37died, cannot be located, or have not requested restitution payments.
38The California Victim Compensation Board shall deposit these
39amounts in the Restitution Fund.
P285 1(f) For purposes of this section, “victim” includes a victim’s
2immediate surviving family member, on whose behalf restitution
3has been ordered.
Section 4461 of the Welfare and Institutions Code
5 is amended to read:
(a) All expenses incurred in returning such persons to
7other states shall be paid by this state, the person, or his or her
8relatives, but the expense of returning residents of this state shall
9be borne by the state making the returns.
10(b) The cost and expense incurred in effecting the transportation
11of the nonresident persons to the states in which they have
12residence shall be advanced from the funds appropriated for that
13purpose or, if necessary, from the money appropriated for the care
14of developmentally disabled persons upon vouchers approved by
15the Department of General Services.
Section 11212 of the Welfare and Institutions Code
17 is amended to read:
(a) The state, through the county welfare department,
19shall reimburse the foster parent or foster parents for the cost of
20the burial plot and funeral expenses incurred for any child who,
21at the time of death, is receiving foster care, as defined in Section
2211251, to the extent that the foster parent or foster parents are not
23otherwise reimbursed for costs incurred for those purposes.
24(b) The state, through the county welfare department, shall pay
25the burial costs and funeral expenses directly to the funeral home
26and the burial plot owner when either one of the following
27conditions exists:
28(1) The foster parent or foster parents request the direct payment.
29(2) The child’s death is due to alleged criminal negligence or
30other alleged criminal action on the part of the foster parent or
31foster parents.
32(c) The foster parent, or the funeral home and burial plot
33provider, shall file a claim for reimbursement of costs with the
34county welfare department at the time and in the manner specified
35by the department. The county welfare department shall pay the
36claims in an amount not to exceed the level of reimbursement
37allowed by the California Victim Compensation Board for burial
38costs and funeral expenses under its Victims of Violent Crimes
39program, which is contained in Article 1 (commencing with Section
4013959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
P286 1Government Code. Claims for the burial costs and funeral expenses
2for a foster child shall be paid out of funds appropriated annually
3to the department for those
purposes.
Section 14171.5 of the Welfare and Institutions
5Code is amended to read:
Any institutional provider of health care services that
7obtained reimbursement under this chapter to which it is not
8entitled shall be subject to the following interest charges or
9penalties:
10(a) When it is established upon audit that the provider has
11claimed payments under this chapter to which it is not entitled, the
12provider shall pay, in addition to the amount improperly received,
13interest at the rate specified by subdivision (h) of Section 14171.
14(b) When it is established upon audit that the provider claimed
15payments related to services or costs that the department had
16previously notified the provider in an audit report that the costs or
17services were not reimbursable, the
provider shall pay in addition
18to the amount improperly claimed, a penalty of 10 percent of the
19amount improperly claimed after this notice, plus the cost of the
20audit. In addition, interest shall be assessed at the rate specified in
21subdivision (h) of Section 14171. Providers who wish to preserve
22appeal rights or to challenge the department’s positions regarding
23appeal issues, may claim the cost or services and not be reimbursed
24therefor if they are identified and presented separately on the cost
25report.
26(c) When it is established that the provider fraudulently claimed
27and received payments under this chapter, the provider shall pay
28a penalty of 25 percent of the amount improperly claimed, plus
29the cost of the audit, in addition to the amount thereof. In addition,
30interest will be assessed at the rate specified by subdivision (h) of
31Section 14171. A fraudulent claim is a claim upon which the
32provider has been convicted of fraud upon the
program. Nothing
33in this section shall prevent the imposition of any other civil or
34criminal penalties to which the provider may be liable.
35(d) Appeals to action taken in subdivisions (a), (b), and (c) of
36Section 14171.5 above are subject to the administrative appeals
37process provided by Section 14171.
38(e) Penalties paid by providers under subdivisions (a), (b), and
39(c) of Section 14171.5 are not reimbursable by the program.
P287 1(f) As used in this section, “the cost of the audit” includes actual
2hourly wages, travel, and incidental expenses at rates allowable
3by Department of General Services rules, and applicable overhead
4costs.
Section 14171.6 of the Welfare and Institutions
6Code is amended to read:
(a) (1) Any provider, as defined in paragraph (3),
8that obtains reimbursement under this chapter to which it is not
9entitled shall be subject to interest charges or penalties as specified
10in this section.
11(2) When it is established upon audit that the provider has not
12received reimbursement to which the provider is entitled, the
13department shall pay the provider interest assessed at the rate, and
14in the manner, specified in subdivision (g) of Section 14171.
15(3) For purposes of this section, “provider” means any provider,
16as defined in Section 14043.1.
17(b) When it is
established upon audit that the provider has
18claimed payments under this chapter to which it is not entitled, the
19provider shall pay, in addition to the amount improperly received,
20interest at the rate specified by subdivision (h) of Section 14171.
21(c) (1) When it is established upon audit that the provider
22claimed payments related to services or costs that the department
23had previously notified the provider in an audit report that the costs
24or services were not reimbursable, the provider shall pay, in
25addition to the amount improperly claimed, a penalty of 10 percent
26of the amount improperly claimed after receipt of the notice, plus
27the cost of the audit.
28(2) In addition to the penalty and costs specified by paragraph
29(1), interest shall be assessed at the rate specified in subdivision
30(h) of Section 14171.
31(3) Providers that wish to preserve appeal rights or to challenge
32the department’s positions regarding appeal issues may claim the
33costs or services and not be reimbursed therefor if they are
34identified and presented separately on the cost report.
35(d) (1) When it is established that the provider fraudulently
36claimed and received payments under this chapter, the provider
37shall pay, in addition to that portion of the claim that was
38improperly claimed, a penalty of 300 percent of the amount
39improperly claimed, plus the cost of the audit.
P288 1(2) In addition to the penalty and costs specified by paragraph
2(1), interest shall be assessed at the rate specified by subdivision
3(h) of Section 14171.
4(3) For purposes of this subdivision, a fraudulent claim is a
5claim upon which the provider has
been convicted of fraud upon
6the Medi-Cal program.
7(e) Nothing in this section shall prevent the imposition of any
8other civil or criminal penalties to which the provider may be
9liable.
10(f) Any appeal to any action taken pursuant to subdivision (b),
11(c), or (d) is subject to the administrative appeals process provided
12by Section 14171.
13(g) As used in this section, “cost of the audit” includes actual
14hourly wages, travel, and incidental expenses at rates allowable
15by rules adopted by the Department of General Services and
16applicable overhead costs that are incurred by employees of the
17state in administering this chapter with respect to the performance
18of audits.
19(h) This section shall not apply to any clinic licensed pursuant
20to subdivision (a) of
Section 1204 of the Health and Safety Code,
21clinics exempt from licensure under Section 1206 of the Health
22and Safety Code, health facilities licensed under Chapter 2
23(commencing with Section 1250) of Division 2 of the Health and
24Safety Code, or to any provider that is operated by a city, county,
25or school district.
Section 15634 of the Welfare and Institutions Code
27 is amended to read:
(a) No care custodian, clergy member, health
29practitioner, mandated reporter of suspected financial abuse of an
30elder or dependent adult, or employee of an adult protective
31services agency or a local law enforcement agency who reports a
32known or suspected instance of abuse of an elder or dependent
33adult shall be civilly or criminally liable for any report required
34or authorized by this article. Any other person reporting a known
35or suspected instance of abuse of an elder or dependent adult shall
36not incur civil or criminal liability as a result of any report
37authorized by this article, unless it can be proven that a false report
38was made and the person knew that the report was false. No person
39required to make a report pursuant to this article, or any person
40taking photographs at his or her discretion, shall incur any civil or
P289 1
criminal liability for taking photographs of a suspected victim of
2abuse of an elder or dependent adult or causing photographs to be
3taken of such a suspected victim or for disseminating the
4photographs with the reports required by this article. However,
5this section shall not be construed to grant immunity from this
6liability with respect to any other use of the photographs.
7(b) No care custodian, clergy member, health practitioner,
8mandated reporter of suspected financial abuse of an elder or
9dependent adult, or employee of an adult protective services agency
10or a local law enforcement agency who, pursuant to a request from
11an adult protective services agency or a local law enforcement
12agency investigating a report of known or suspected abuse of an
13elder or dependent adult, provides the requesting agency with
14access to the victim of a known or suspected instance of abuse of
15an elder or dependent adult, shall incur civil or criminal liability
16
as a result of providing that access.
17(c) The Legislature finds that, even though it has provided
18immunity from liability to persons required to report abuse of an
19elder or dependent adult, immunity does not eliminate the
20possibility that actions may be brought against those persons based
21upon required reports of abuse. In order to further limit the financial
22hardship that those persons may incur as a result of fulfilling their
23legal responsibilities, it is necessary that they not be unfairly
24burdened by legal fees incurred in defending those actions.
25Therefore, a care custodian, clergy member, health practitioner,
26or an employee of an adult protective services agency or a local
27law enforcement agency may present to the Department of General
28Services a claim for reasonable attorneys’ fees incurred in any
29action against that person on the basis of making a report required
30or authorized by this article if the court has dismissed the action
31upon a
demurrer or motion for summary judgment made by that
32person, or if he or she prevails in the action. The Department of
33General Services shall allow that claim if the requirements of this
34subdivision are met, and the claim shall be paid from an
35appropriation to be made for that purpose. Attorneys’ fees awarded
36pursuant to this section shall not exceed an hourly rate greater than
37the rate charged by the Attorney General at the time the award is
38made and shall not exceed an aggregate amount of fifty thousand
39dollars ($50,000). This subdivision shall not apply if a public entity
P290 1has provided for the defense of the action pursuant to Section 995
2of the Government Code.
(a) It is the intent of the Legislature that any capitol
4building annex project undertaken pursuant to Article 5.2
5(commencing with Section 9112) of Chapter 1.5 of Part 1 of
6Division 2 of Title 2 of the Government Code incorporate elements
7complementary to the historic capitol, elements to make it efficient
8and sustainable, and historic elements from the existing capitol
9building annex.
10(b) It is further the intent of the Legislature that any state capitol
11building annex be designed as a working capitol for the public to
12effectively engage with their elected representatives and their state
13government.
14(c) It is further the intent of the Legislature that the eastern
15façade of the historic state capitol building be restored as part of
16any project that includes demolition of the existing capitol building
17annex.
The intent of the Legislature in amending Sections
1917059.2 and 23689 of the Revenue and Taxation Code is to
20construe and clarify the meaning and effect of existing law that
21provides the Governor’s Office of Business and Economic
22Development with the authority and discretion to negotiate tax
23credit agreements, to ensure the administration of the credit
24allowed pursuant to those sections is a model of accountability
25and transparency, and to ensure that the effective use of the limited
26tax credit available pursuant to those sections is maximized.
The sum of one billion three hundred million dollars
29($1,300,000,000) is hereby transferred, upon direction of the
30Director of Finance to the Controller, from the General Fund to
31the State Project Infrastructure Fund established by Section 14692
32of the Government Code according to the following schedule:
33(a) One billion dollars ($1,000,000,000) on or after July 1, 2016,
34but no later than June 30, 2017.
35(b) Three hundred million
dollars ($300,000,000) on or after
36July 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
P291 1district 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
9to the Budget Bill within the meaning of subdivision (e) of Section
1012 of Article IV of the California Constitution, has been identified
11as related to the budget in the Budget Bill, and shall take effect
12immediately.
CORRECTIONS:
Heading--Lines 1, 2, 3, 4, and 5.
O
Corrected 6-15-16—See last page. 96