BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 84|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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UNFINISHED BUSINESS
Bill No: SB 84
Author: Committee on Budget and Fiscal Review
Amended: 6/16/15
Vote: 21
SENATE FLOOR: Not relevant
ASSEMBLY FLOOR: Not available
SUBJECT: State government
SOURCE: Author
DIGEST: This bill, as part of the 2015-16 Budget package, makes
various statutory changes to implement the Budget Act.
Assembly Amendments delete the Senate version of the bill and
insert the current language.
ANALYSIS: This bill includes the following key changes:
1) District Hospitals. Clarifies the identification
requirements contract employees that perform services
specifically in the emergency department of a district
hospital.
2) Surplus Property. Requires that agricultural district
associations report their real property information to the
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Department of General Services, and includes additional
reporting requirements associated with the disposition of
surplus property.
3) Merger of Missing Children Reward Program with the
Restitution Fund. Existing law establishes the Missing
Children Reward Fund, which authorizes the California Victim
Compensation and Government Claims Board to make cash rewards
from the fund to persons that provide information leading to
the location of any child listed in the missing children
registry. This bill transfers any remaining funds from the
Missing Children Reward Fund to the Restitution Fund, and
authorizes the provision of cash rewards from the Restitution
Fund.
4) Statewide Disability Access. Requires local entities
collecting fees associated with the Certified Access
Specialist Program (CASP) to report their activities
associated with the administration of the program to the
Division of the State Architect. The Division of the State
Architect would then be responsible for developing a report
identifying the total amount of fees collected by each city,
county, or city and county.
5) Hazardous Material by Rail. Requires that the Office of
Emergency Services, in consultation with relevant local and
state agencies, develop and adopt a state fire service and
rescue emergency mutual aid plan that would serve as an annex
to the State Emergency Plan. This bill also creates the
Regional Railroad Accident Preparedness Response Force within
the Office of Emergency Services. The force would be
responsible for providing response capabilities in the event
of the release of hazardous materials that were being
transported by rail. This bill also requires that the
Director of the Office of Emergency Services establish a
schedule of fees to be paid by any entity owning any of the
25 most hazardous materials, as defined. The fee must be
fair, and the Director is required to consider the adjustment
of the fee structure every three years. This bill creates an
advisory committee that is responsible for the consultation
of the fee. This bill creates the Regional Railroad Accident
Preparedness and Immediate Response Fund within the state
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treasury, where the collection of the fees would be
deposited, and limits the collection into the fund at $10
million annually, and a total amount not to exceed $20
million.
6) Human Trafficking Victim Assistance Fund. Creates the Human
Trafficking Victim Assistance Fund within the State Treasury.
The Office of Emergency Services would be responsible for the
administration of the fund, and would distribute grants to
non-profit organizations that meet certain criteria.
7) 21st Century Project. Existing law authorizes the State
Controller to access funds within the State Treasury for the
purposes of implementing a new human resources management
system - referred to as the 21st Century Project. This bill
provides the State Controller with authority to access funds
within the State Treasury until June 30, 2016.
8) Public Employees' Retirement Provisions. The Public
Employees' Retirement Law (PERL) permits a retired person to
serve as an elected official without reinstatement from
retirement or a loss of benefits, provided that his or her
retirement allowance is suspended to the extent that the
allowance is based on service in that elective office. The
PERL also permits a person retired for disability to serve
without reinstatement if the person is below the retirement
age for persons in the job and he or she is not disabled for
employment. In this circumstance, the PERL prohibits service
in the same member classification and requires reduction of
the person's disability retirement pension during their
employment to an amount that, when added, to his or her
compensation equals the maximum compensation earned by a
person holding the position that he or she held at
retirement. This bill reenacts these provisions regarding
service after retirement, on or after the effective date of
the California Public Employees' Pension Reform Act of 2013
(PEPRA).
9) Additional Appointments. Further defines the term
"additional appointment", and requires the Department of
Human Resources to adopt policies to advise state agencies
regarding the procedures and appropriate use of additional
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appointments.
10)Electronic Recording. The Electronic Recording Delivery Act
of 2004 allows for a county recorder, after certain criteria
have been met, to create an electronic recording delivery
system for digitized and electronic records, which are
subject to system certification, regulation, and oversight by
the Attorney General. Existing law authorizes the Attorney
General to charge a fee directly to a vendor for the purposes
described above. Existing law requires that fees paid to the
Attorney General are to be deposited into the Electronic
Recording Authorization Account, which is a Special Deposit
Fund within the State Treasury. This bill redesignates the
Electronic Recording Authorization Account in the Special
Deposit Fund as the Electronic Recording Authorization Fund
within the State Treasury.
11)Drought Housing Relocation Assistance. Authorizes the
Housing and Community Development Department to provide
temporary assistance, under certain circumstances, for
persons moving out of a housing unit due to a lack of potable
water resulting from the drought. This program sunsets on
June 30, 2017. Makes Office of Migrant Services housing
centers available for rent by persons or families rendered
homeless or at risk of becoming homeless as a result of the
drought.
12)Earthquake Loss Mitigation. Recognizes the existence of the
California Residential Mitigation Program (CRMP), a joint
powers authority created by an agreement in 2012 between the
California Earthquake Authority and the Office of Emergency
Services. This bill requires that the CRMP design and
implement a grant program that will be provided to qualifying
homeowners to defray costs associated with a seismic
retrofit.
13)Inspection Prioritization. Requires the Division of
Occupational Safety and Health to prioritize the
investigation of accidents that involve death or serious
injury and complaints that allege serious violation over
non-serious complaints.
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14)Conveyance Inspections. Suspends, for fiscal year 2015-16,
the fee for annual inspection of elevators. In fiscal year
2016-17, and every year thereafter, the Director of
Industrial Relations, upon concurrence from the Department of
Finance, would have the authority to suspend or reduce the
fee on a one-time basis when the funds are sufficient in the
Elevator Safety Account to meet its purpose.
15)Public Contracts: Public Bidding. Authorizes a specific
contract between the Office of Planning and Research, the
University of California Regents, or an auxiliary
organization of the California State University to include a
subcontract that is not subject to certain bidding
requirements until January 1, 2019.
16)California Immigrant Integration. Establishes the Director
of Immigrant Integration, under the Office of the Governor,
and provides statewide leadership on the administration,
assessment, and planning efforts of immigrant integration
efforts in California. This bill also creates the immigrant
integration fund within the State Treasury.
17)Collection of Charges by Franchise Tax Board. Expands the
types of vehicle-related charges that are collected by the
Franchise Tax Board (FTB) to include unpaid tolls, toll
evasion penalties, or any related administrative or service
fees. Under current law, the FTB is responsible for
collecting certain delinquencies related to vehicles
including registration fees, transfer fees, and parking
violation penalties.
18)Prepaid Mobile Telephony Service Surcharge. Addresses
certain aspects regarding the administration of the Prepaid
Mobile Telephony Service Surcharge (MTS). Specifically, the
proposal would:
19)De Minimis Amount. Establishes that retailers with MTS
annual sales of less than $15,000 are not required to collect
the surcharge or local charge, and allows the Department of
Finance to adjust this threshold as necessary.
20)General Fund Loan Authorization. Allows for a loan from the
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General Fund to address cash flow issues and specifies that
the loan is to be repaid in the same fiscal year, or delayed
until six months after the adoption of the budget act in the
subsequent fiscal year.
21)Technical Changes and Clarifications. Specifies the accounts
and funds for the deposit of the surcharge and local charge
revenues, clarifies dates regarding the imposition of rates,
and indicates the means by which service suppliers are
notified of rates.
22)Financial Integrity and Accountability. Updates the
oversight and internal control activities of state agencies
to reflect appropriate levels and focus of internal controls,
as these relate to the Financial Integrity and State Manger's
Accountability Act (FISMAA) of 1983. The updates incorporate
additional guidance provided by the Government Accountability
Office (GAO) as set forth in the agency's Standards for
Internal Control in the Federal Government, regarding
internal controls, effectively, and reliable reporting
information, and compliance with applicable laws and
regulations. Specific changes include:
a) Expanding internal controls to fiscal, operational,
programmatic, strategic, as well as other factors.
b) Mandating objectivity and systematic review for
activities related to various monitoring processes.
c) Specifying the essential components of an effective
internal control system (to include Control Environment,
Risk Assessment, Control Activities, Information and
Communication and Monitoring.
d) Limiting the recipients of the biennial report, to the
Legislature, State Auditor, Controller, Director of
Finance, plus the Secretary of Government Operations.
1) Local Government Mandates. Requires the Department of
Finance, the Secretary of State and the Legislative Analyst's
Office to convene a working group to evaluate alternative for
funding election mandates, with Department of Finance to
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release a report of the findings by September 1, 2016.
Directs Department of Finance to survey county election
practices during years of a statewide general election and
report the results of the survey to the Legislature by April
of the following year.
2) State Banking Practices. Allows an eligible bank that has
been selected by the State Treasurer for the safekeeping of
funds, and has its headquarters outside of California, to
submit letters of credit hat are drawn on its regional
federal home loan bank as security for deposits in demand
accounts. Regarding securities to be deposited as security,
receipts for securities, delivery of securities, or
safekeeping of securities, expands from the Federal Reserve
Bank of San Francisco to any federal reserve bank, the
participation in such activities.
FISCAL EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified6/19/15)
None received
OPPOSITION: (Verified6/19/15)
None received
Prepared by:Brady Van Engelen / B. & F.R. / (916) 651-4103
6/19/15 10:48:01
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