SB 836,
as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2016.end deletebegin insert State government.end insert
(1) Existing law requires the State Board of Optometry to be responsible for the registration and regulation of nonresident contact lens sellers and dispensing opticians. Existing law authorizes a registered dispensing optician or optical company to operate, own, or have an ownership interest in a health plan, defined as a licensed health care service plan, and authorizes an optometrist, a registered dispensing optician, an optical company, or a health plan to execute a lease or other written agreement giving rise to a direct or indirect landlord-tenant relationship with an optometrist if specified conditions are contained in a written agreement. Existing law authorizes the board to inspect, upon request, an individual lease agreement and authorizes personal information, as defined, to be redacted from the lease agreement prior to submission of the lease agreement to the board. Existing law makes a violation of these provisions a crime.
end insertbegin insertThis bill would, notwithstanding any other law and in addition to any action available to the board, authorize the board to issue a citation containing an order of abatement, an order to pay an administrative fine not to exceed $50,000, or both, as specified, for a violation of a specific section of law. The bill would require the full amount of the assessed fine to be added to the fee for renewal of a license and would prohibit the license from being renewed without payment of both the renewal fee and the fine. The bill, among other things, would also delete the authorization to redact personal information from a lease agreement, and would, therefore, expand an existing crime resulting in the imposition of a state-mandated local program.
end insertbegin insert(2) Existing law requires any health plan, defined as a licensed health care service plan, to report to the board, among other things, that 100% of its locations no longer employ an optometrist by January 1, 2019. Existing law makes a violation of this provision a crime.
end insertbegin insertThis bill would instead require a registered dispensing optician or optical company that owns a health plan to meet certain milestones, including that 100% of its locations no longer employ optometrists by January 1, 2019, and report to the board whether those milestones have been met within 30 days of each milestone. The bill would also, notwithstanding any other law and in addition to any action available to the board, authorize the board to issue a citation containing an order of abatement, an order to pay an administrative fine not to exceed $50,000, or both, as specified, for a violation of a specific section of law. The bill would require the full amount of the assessed fine to be added to the fee for renewal of a license and would prohibit the license from being renewed without payment of both the renewal fee and the fine. By placing new requirements on a registered dispensing optician or optical company, this bill would expand an existing crime, and would, therefore, impose a state-mandated local program.
end insertbegin insert(3) Under existing law, the Optometry Practice Act, the board consists of 11 members, 5 of whom are public members, 3 appointed by the Governor and one each appointed by the Senate Committee on Rules and the Speaker of the Assembly, and 6 of whom are nonpublic members appointed by the Governor. Existing law requires one of those nonpublic members to be a registered dispensing optician and requires the initial appointment of that member to replace the optometrist member whose term expired on June 1, 2015.
end insertbegin insertThis bill, for appointments made on or after January 1, 2016, would authorize the Governor to appoint a spectacle lens dispenser or contact lens dispenser as that member.
end insertbegin insert(4) Existing law establishes a dispensing optician committee under the board, requires the committee to advise and make recommendations to the board regarding the regulation of dispensing opticians pursuant to the act, and tasks the committee with recommending registration standards and criteria for the registration of dispensing opticians and reviewing the disciplinary guidelines relating to registered dispensing opticians. Existing law requires the committee to consist of 2 registered dispensing opticians, 2 public members, and one member of the board.
end insertbegin insertThis bill, as of January 1, 2016, would instead require one of those registered dispensing optician members to be a spectacle lens dispenser or a contact lens dispenser, would require the committee to additionally advise the board regarding the regulation of spectacle lens dispensers and contact lens dispensers, and would additionally task the committee with recommending registration standards and criteria for the registration of those dispensers and nonresident contact lens sellers and reviewing the disciplinary guidelines relating to those dispensers and nonresident contact lens sellers.
end insertbegin insert(5) Existing law establishes a system of public elementary and secondary education in this state in which local educational agencies provide instruction in kindergarten and grades 1 to 12, inclusive, in the public elementary and secondary schools. Existing law also establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and authorizes community college districts throughout the state to provide instruction at the campuses they operate.
end insertbegin insertWith respect to facilities for both public elementary and secondary schools and for community colleges, existing law requires that the Department of General Services pass upon and approve or reject all plans for the construction of, or, if the estimated cost exceeds $25,000, the alteration of, any school building. Existing law also requires, where the estimated cost of the reconstruction or alteration of, or an addition to, any school building exceeds $25,000, but does not exceed $100,000, that a licensed structural engineer examine the proposed project to determine if it is a nonstructural alteration or a structural alteration, as specified. Existing law authorizes the Department of General Services to increase the dollar amounts referenced above on an annual basis, commencing on January 1, 1999, according to an inflationary index governing construction costs that is selected and recognized by the department.
end insertbegin insertThis bill would increase from $25,000 to $100,000 the estimated cost threshold for the requirement that the Department of General Services pass upon and approve or reject all plans for the construction or alteration of any school building. The bill would also increase the amounts in existing law so that, where the estimated cost of the reconstruction or alteration of, or an addition to, any school building exceeds $100,000, but does not exceed $225,000, a licensed structural engineer would be required to examine the proposed project as specified. The bill would authorize the Department of General Services to increase these dollar amounts on an annual basis, commencing on January 1, 2018, according to an inflationary index governing construction costs as referenced above.
end insertbegin insert(6) Existing law creates the Central Service Cost Recovery Fund, and provides for the deposit into that fund of amounts equal to the fair share of administrative costs due and payable from state agencies, and directs that moneys in the Central Service Cost Recovery Fund be appropriated for the administration of the state government, as determined by the Director of Finance. Existing law requires the Department of Finance to certify annually to the Controller the amount determined to be the fair share of administrative costs due and payable from each state agency, and requires the Controller to transmit to each state agency from which administrative costs have been determined or redetermined to be due, a statement in writing setting forth the amount of the administrative costs due from the state agency and stating that, unless a written request to determine the payment is filed by the state agency, the Controller will transfer the amount of the administrative costs, or advance for administrative costs, from the special fund or funds charged to the Central Service Cost Recovery Fund or the General Fund, as specified. Existing law requires the Controller to transfer 1⁄4 the amount determined on August 15, November 15, February 15, and May 15 of each fiscal year, as specified.
end insertbegin insertThis bill would instead authorize the Department of Finance to allocate and charge a fair share of the administrative costs to all funds directly, and would require the department to certify to the Controller the amount determined to be the fair share of the administrative costs due and payable from each fund. This bill would eliminate the requirement that the Controller forward the determination of administrative costs to each state agency, and would require the Controller, upon order of the department, to transfer the amount of administrative costs, or advance for administrative costs, from special and nongovernmental cost funds to the Central Service Cost Recovery Fund or the General Fund. The bill would additionally authorize the Department of Finance to direct the Controller to advance a reasonable amount for administrative costs from a fund at any time during the year, as specified.
end insertbegin insert(7) Existing law requires a state agency if, upon receipt of the statement by the Controller, the state agency does not have funds available for the payment of the administrative costs, to notify the Controller and provide a written request to defer payment of those administrative costs, as specified.
end insertbegin insertThis bill would instead require the Controller to notify the Department of Finance if a fund has an insufficient balance for the payment of the administrative costs, for direction by the department on affecting the transfer and its timing, and would make conforming changes.
end insertbegin insert(8) The Financial Information System for California (FISCal) Act establishes the FISCal system, a single integrated financial management system for the state. The act establishes the FISCal Service Center and the FISCal project office to exist concurrently during the phased implementation of the FISCal system and requires the FISCal Service Center, upon full implementation and final acceptance of the FISCal system, to perform all maintenance and operation of the FISCal system. The act further establishes a FISCal Executive Partner who has responsibilities for the functions of the FISCal project office and the FISCal Service Center. The act requires the FISCal project office, subject to the approval of the Department of Finance, to establish and assess fees and a payment schedule for state departments and agencies to use or interface with the system, including fees to recover the costs of the FISCal system.
end insertbegin insertThis bill would replace the FISCal Service Center with the Department of FISCal, with specified duties, make conforming changes, and would eliminate the FISCal Executive Partner and establish the Director of FISCal, who would be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The bill would modify the requirement of the FISCal system to have a state budget transparency component. The bill would locate the department within the Government Operations Agency upon the acceptance of the system by the state, as determined by the Director of Finance. The bill would modify the fees assessed on state departments and agencies to pay for the design, development, and implementation of the system, as specified, and require administrative costs to the allocated and recovered in a specified manner.
end insertbegin insert(9) Existing law authorizes the Controller, until June 30, 2016, to procure, modify, and implement a new human resource management system that meets the needs of a modern state government, known as the 21st Century Project.
end insertbegin insertThis bill would extend that authorization for one year, until June 30, 2017.
end insertbegin insert(10) The California Tourism Marketing Act authorizes the establishment of the California Travel and Tourism Commission, as a separate, independent California nonprofit mutual benefit corporation, for the purpose of promoting tourism in California, as specified. The act requires the commission to be composed of the Director of the Governor’s Office of Business and Economic Development, who serves as the chairperson, 12 commissioners appointed by the Governor, as specified, and 24 commissioners selected by industry category in a referendum, as specified. The act further requires the commissioners to elect a vice chairperson from the 24 industry selected commissioners and authorizes the director to remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
end insertbegin insertThis bill would instead require the 12 commissioners who are appointed by the Governor to elect the chairperson and the 24 industry-selected commissioners to elect the vice chairperson.
end insertbegin insert(11) Existing law establishes, within the Government Operations Agency, the California Victim Compensation and Government Claims Board with various duties that include, among others, compensating the victims and derivative victims of specified types of crimes for losses suffered as a result of those crimes and processing certain types of claims against the state. The board is composed of the Secretary of Government Operations, or his or her designee, the Controller, and one member who is appointed by, and serves at the pleasure of, the Governor. Existing law specifies that any reference in statute or regulation to the State Board of Control shall be construed to refer to the California Victim Compensation and Government Claims Board.
end insertbegin insertExisting law establishes, also within the Government Operations Agency, the Department of General Services with various duties providing centralized services for state entities, including, but not limited to, construction and maintenance of state buildings and property, and purchasing, printing, and architectural services.
end insertbegin insertThis bill would generally transfer duties relating to government claims and government accounts from the California Victim Compensation and Government Claims Board to the Department of General Services and the Controller, as specified, and make conforming changes. The bill would rename the board the California Victim Compensation Board and make conforming name changes in provisions related to the board’s remaining duties regarding the compensation of victims and derivative victims of crimes.
end insertbegin insertThe bill would authorize the Department of General Services to assign any matter related to the statutory powers and duties transferred by this bill to the Office of Risk and Insurance Management or to any state office so designated and would require the department to have a seal and to fix that seal to specified documents.
end insertbegin insert(12) Existing law requires that various actions by the Controller affecting state assets be approved by the California Victim Compensation and Government Claims Board. Existing law requires that a decision by a state agency to forgo collection of taxes, licenses, fees, or moneys owed to the state that are $500 or less be approved by the California Victim Compensation and Government Claims Board, as specified.
end insertbegin insertThis bill would remove those requirements to take these actions.
end insertbegin insert(13) Existing law requires claimants to pay a fee for filing certain claims against the state. Existing law requires these fees to be deposited into the General Fund and authorizes their appropriation in support of certain items of the budget.
end insertbegin insertThis bill would instead require those fees to be deposited into the Service Revolving Fund and to be only available for the support of the Department of General Services upon appropriation by the Legislature.
end insertbegin insert(14) Existing law authorizes the California Victim Compensation and Government Claims Board to assess a surcharge to a state entity against which an approval claim was filed in an amount not to exceed 15% of the total approved claim.
end insertbegin insertThis bill would repeal that authorization.
end insertbegin insert(15) Existing law requires the costs of administering the California employees’ annual charitable campaign fund drive be paid by the agency that receives the contributions. Existing law requires these amounts to be deposited into the General Fund.
end insertbegin insertThis bill would instead require these amounts to be deposited into the Service Revolving Fund and to be only available for the support of the Department of General Services upon appropriation by the Legislature.
end insertbegin insert(16) Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates. If the commission determines there are costs mandated by the state, existing law requires the commission to determine the amount to be subvened to local agencies and school districts for reimbursement, and in doing so, to adopt parameters and guidelines for reimbursement of any claims. In adopting the parameters and guidelines, existing law authorizes the commission to adopt a reasonable reimbursement methodology, as specified.
end insertbegin insertThis bill would, until July 1, 2019, require a reasonable reimbursement methodology that is based on, in whole or in part, costs that have been included in claims submitted to the Controller for reimbursement to only use costs that have been audited by the Controller, as provided. The bill would also require the Controller, in coordination with the Commission on State Mandates and Department of Finance, by October 1, 2018, to prepare a report to the Legislature regarding implementation of the new reasonable reimbursement process and for the hearings on the report to be held in the appropriate policy committees of the Legislature.
end insertbegin insert(17) The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System (board), authorizes the board to contract for health benefit plans for employees and annuitants, as defined. Under PEMHCA, the state and contracting agencies, as defined, are required to contribute amounts sufficient to cover the board’s administrative costs to a specified account in the Public Employees’ Contingency Reserve Fund, expenditure of which is contingent upon approval by the Department of Finance and the Joint Legislative Budget Committee, as specified. Under PEMHCA, moneys from health benefit plans for risk adjustment, reserve moneys from terminated health benefit plans, and self-funded or minimum premium plan premiums are deposited into the Public Employees’ Health Care Fund, which is continuously appropriated to pay benefits and claims costs, administrative costs, refunds, and other costs determined by the board.
end insertbegin insertThis bill would condition the expenditure for administrative expenses of moneys in the Public Employees’ Health Care Fund or the account for administrative expenses in the Public Employees’ Contingency Reserve Fund on approval in the annual Budget Act. The bill would also discontinue the authorization for the use of moneys in the Public Employees’ Health Care Fund to pay other costs determined by the board.
end insertbegin insert(18) Existing law establishes the Joint Rules Committee and authorizes it to take specified actions as an investigatory committee of the Legislature. Existing law requires the Joint Rules Committee to allocate space in the State Capitol Building Annex, with certain exceptions, in accordance with its determination of the needs of the Legislature, as provided. Existing law vests control of the maintenance and operation of the State Capitol Building Annex in the Department of General Services. Existing law provides for the expenditure of funds for the contingent and joint expenses of the Senate and Assembly under or pursuant to the direction of the Joint Rules Committee.
end insertbegin insertThis bill would authorize the Joint Rules Committee to pursue the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex. The bill would require that the work performed pursuant to these provisions be administered and supervised by the Department of General Services, subject to review by the State Public Works Board, pursuant to an agreement with the Joint Rules Committee. The bill would require the Department of General Services to report to the Joint Rules Committee on the scope, budget, delivery method, and schedule for any space to be constructed, restored, rehabilitated, renovated, or reconstructed pursuant to these provisions. The bill would exempt all work performed by the Department of General Services pursuant to these provisions from the State Contract Act. The bill would require that prevailing wages be paid to all workers employed on a project that is subject to these provisions. The bill would declare the intent of the Legislature regarding capitol building annex projects.
end insertbegin insertExisting law authorizes the Director of General Services, if no other agency is specifically authorized and directed, to acquire title to real property in the name of the state whenever the acquisition of real property is authorized or contemplated by law and imposes various duties on the Department of General Services with respect to the maintenance and operation of state buildings and grounds. Existing law, the State Building Construction Act of 1955, provides for the acquisition and construction of public buildings for use by state agencies by the State Public Works Board, subject to authorization by a separate act or appropriation enacted by the Legislature.
end insertbegin insertThis bill would establish the State Project Infrastructure Fund and continuously appropriate the moneys in that fund for state projects, as defined, and for the report and work described above with respect to a new state capitol building annex or the existing State Capitol Building Annex. The bill would subject the defined state projects to the approval and administrative oversight by the Department of Finance and the State Public Works Board and would require the State Public Works Board to establish the scope, cost, and delivery method for each state project. The bill would require the Department of Finance, on behalf of the Department of General Services, to provide specified notices to the Joint Legislative Budget Committee, including a notice prior to the establishment of the scope, cost, and delivery method by the State Public Works Board describing the scope, budget, delivery method, expected tenants, and schedule for any space to be constructed or renovated for each state project. The bill would also require the Department of General Services to submit, on a quarterly basis, a report on the status of each state project established by the State Public Works Board to the Joint Legislative Budget Committee and to the chairpersons of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, as provided.
end insertbegin insertThe California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared and certify the completion of an environmental impact report, referred to as an EIR, on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA.
end insertbegin insertA provision of CEQA requires the Judicial Council to adopt a rule of court establishing procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a specified entertainment and sports center project, as provided, or the granting of any project approvals that require the actions or proceedings be resolved, within 270 days of certification of the record of proceedings. Existing law also requires the preparation and certification of the administrative record for that project to comply with certain procedures. Existing law requires the draft and final EIR for that project to each include a notice containing specified information relating to required procedures for judicial actions challenging the certification of the EIR or the approval of a project described in the EIR. Existing law requires the lead agency to conduct an informational public workshop and hold a public hearing on the draft EIR, as provided. Existing law prohibits a court from enjoining the construction or operation of specified components of the entertainment and sports center project unless the court makes specified findings.
end insertbegin insertThis bill would apply similar provisions to the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex, as described above.
end insertbegin insertThis bill would, upon the direction of the Director of Finance, transfer $1,300,000,000 from the General Fund to the State Project Infrastructure Fund. The bill would require that $1,000,000,000 of this money be transferred on or after July 1, 2016, and no later than June 30, 2017, and the remaining $300,000,000 be transferred on or after July 1, 2017.
end insertbegin insert(19) Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law establishes a program to be administered by the commissioner that enables a minor’s parent or guardian, prior to the first employment of a minor performer and under specified conditions, to obtain a temporary permit for the employment of a minor. Existing law requires the commissioner to deposit all fees for temporary permits received into the Entertainment Work Permit Fund, with the funds to be available upon appropriation by the Legislature to pay for the costs of administration of the online temporary minor’s entertainment work permit program.
end insertbegin insertThis bill would require those permit fees and certain other revenues to instead be deposited in the Labor Enforcement and Compliance Fund. The bill would abolish the Entertainment Work Permit Fund and transfer moneys in, and assets, liabilities, revenues, expenditures, and encumbrances of, that fund to the Labor Enforcement and Compliance Fund.
end insertbegin insert(20) Existing law requires farm labor contractors to be licensed by the commissioner and to comply with specified employment laws applicable to farm labor contractors. Existing law requires farm labor contractors to pay license fees to the commissioner and continuously appropriates a portion of the fee revenues for enforcement and verification purposes. Existing law requires specified amounts of a license fee to be deposited in the Farmworker Remedial Account and expended by the commissioner to fund the Farm Labor Contractor Enforcement Unit and the Farm Labor Contractor License Verification Unit, and the remaining money to be credited to the General Fund.
end insertbegin insertThis bill would require the money not used to fund those units to be paid instead into the Labor Enforcement and Compliance Fund and would make a conforming change.
end insertbegin insert(21) Existing law governs talent agency licensure and establishes specific fees. Existing law requires moneys collected for licenses and fines collected for violations to be paid into the State Treasury and credited to the General Fund.
end insertbegin insertThis bill would instead require that all moneys collected for filing fees and licenses be credited to the Labor Enforcement and Compliance Fund, and that fines collected for violations be credited to the General Fund.
end insertbegin insert(22) Existing law establishes a Child Performer Services Permit program and requires the commissioner to deposit filing fees into the Child Performer Services Permit Fund (permit fund), the revenues of which are available, upon appropriation by the Legislature, to pay for the costs of administering the program.
end insertbegin insertThis bill would require the fees to be deposited in the Labor Enforcement and Compliance Fund. The bill would abolish the permit fund and transfer any moneys in the permit fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund to the Labor Enforcement and Compliance Fund.
end insertbegin insert(23) Existing law defines “public works,” for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling and delivery of ready-mixed concrete, as defined, to carry out a public works contract, with respect to contracts involving any state agency or any political subdivision of the state. Existing law, also requires the entity hauling or delivering ready-mixed concrete to enter into a written subcontract agreement with, and to provide employee payroll and time records to, the party that engaged that entity within 3 days, as specified. Existing law provides that these provisions apply to public works contracts awarded on or after July 1, 2016.
end insertbegin insertThis bill would extend the time to submit employee payroll records to 5 days. The bill would provide that these provisions do not apply to public works contracts advertised for bid or awarded prior to July 1, 2016.
end insertbegin insert(24) Existing law regulates various aspects of the car washing and polishing industry and requires the commissioner to collect a $250 registration fee from employers engaged in the business for each branch location and to periodically adjust the registration fee for inflation to ensure that the fee is sufficient to fund all costs to administer and enforce those provisions. Existing law requires, in addition to that fee, each employer be assessed an annual $50 fee for each branch location to be deposited in the Car Wash Worker Restitution Fund.
end insertbegin insertThis bill would remove the specific amount for the registration fee and would authorize the periodic adjustment of the fee, except as specified, in an amount sufficient to fund all direct and indirect costs to administer and enforce those provisions. The bill would fix the annual fee for deposit in the Car Wash Worker Restitution Fund in an amount equaling 20% of the registration fee.
end insertbegin insert(25) Existing law requires a person employing an industrial homeworker to obtain a valid industrial homework license from the Division of Labor Standards Enforcement, and establishes license and renewal fees, to be paid into the State Treasury. Existing law requires a person doing industrial homework to have a valid homeworker’s permit issued to him or her by the division and sets the fee at $25.
end insertbegin insertThis bill would require those fee and permit moneys to be paid into the Labor Enforcement and Compliance Fund.
end insertbegin insert(26) Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency (agency), on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. Existing law requires notice of the claim from the aggrieved employee to the agency and to the employer by certified mail. Existing law provides that an employee who prevails in an action under these provisions is entitled to recover his or her reasonable attorney’s fees and costs.
end insertbegin insertThis bill would instead require that the notice to the agency be provided online, accompanied by a reasonable filing fee not to exceed a specified amount that would be deposited into the Labor and Workforce Development Fund to cover the administrative costs of processing the notice. The bill would, for cases filed on or after July 1, 2016, extend the timeframe for the agency to notify the employer and employee that it does not intend to investigate the alleged violation. The bill would entitle an employee who prevails in an action under these provisions to also recover his or her filing fees.
end insertbegin insertThis bill would declare the intent of the Legislature that the agency shall continue to assign duties under the Labor Code Private Attorneys General Act of 2004 to entities where those duties are customarily performed.
end insertbegin insertExisting law provides that the court review and approve any penalties sought as a part of a proposed settlement of a claim.
end insertbegin insertThis bill would require the proposed settlement agreement to be also sent to the agency. This bill would, until July 1, 2021, authorize the agency to extend the time to complete its investigation by 60 days when the agency determines an extension is necessary and issues a notice, as specified.
end insertbegin insert(27) Existing law requires the Division of Occupational Safety and Health to require a permit for specific types of construction, demolition, and work in mines and tunnels, and requires an employer or contractor who engages in certain asbestos-related work to register with the division. Existing law requires the division to set fees for permits in an amount reasonably necessary to cover the costs involved in investigating and issuing such permits.
end insertbegin insertThis bill would require the division to set the fees to be charged for permits and registrations in amounts reasonably necessary to cover the costs involved in administering the permitting and registration programs and would require all permit and registration fees collected to be deposited in the Occupational Safety and Health Fund.
end insertbegin insert(28) Existing law governs the design, erection, construction, installation, material alteration, inspection, testing, maintenance, repair, service, and operation of specific conveyances and their associated parts. Existing law establishes certification and licensing programs for inspectors, companies, and mechanics, and for conveyance inspection and permitting programs, with fees established by the Division of Occupational Safety and Health based on prescribed costs to the division.
end insertbegin insertThis bill would revise those provisions to require the fees to be based on costs to the division of administering those programs, including direct costs and a reasonable percentage attributable to the indirect costs of the division for administering those provisions.
end insertbegin insert(29) Existing law requires the Division of Occupational Safety and Health to administer a permit and inspection program for aerial passenger tramways. Existing law authorizes the division to fix fees for inspection as it deems necessary to cover the actual cost of having the inspection performed by a division safety engineer. Existing law prohibits the division from charging for inspections performed by certified insurance inspectors, but authorizes a fee of not more than $10 to cover the cost of processing the permit when issued by the division as a result of the inspection. Fees collected by the division are deposited into the Elevator Safety Account to support the program.
end insertbegin insertThis bill would remove the term “aerial” in those provisions and would instead refer only to “passenger tramways.” The bill would require the division to fix and collect fees for inspection of passenger tramways to cover direct costs and a reasonable percentage attributable to the indirect costs of the division for administering those provisions. The bill would remove the cap on the processing fee. The bill would require those fees to be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account, and would transfer specific moneys in the Elevator Safety Account to the Occupational Safety and Health Fund, together with any assets, liabilities, revenues, expenditures, and encumbrances of that fund attributable to the program, the portable amusement ride inspection program, and the Permanent Amusement Ride Safety Inspection Program.
end insertbegin insert(30) Existing law requires the Division of Occupational Safety and Health to administer a permit and inspection program for tower cranes. Existing law requires the division to set fees for permits sufficient to cover prescribed program costs. Existing law authorizes the division to collect fees for the examination and licensing of crane certifiers as necessary to cover actual costs of administration. Fees collected by the division under those provisions are deposited into the General Fund.
end insertbegin insertThis bill would require the division to collect those crane certifier fees, would require all the above fees to be set to cover the costs of administering the above provisions, and would authorize the inclusion of direct costs and a reasonable percentage attributable to the indirect costs of the division for administration. The bill would require that fees be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account.
end insertbegin insert(31) Existing law authorizes the establishment and collection of fees by the Division of Occupational Safety and Health for specified services relating to tanks, boilers, and pressure vessels. Under existing law, inspection fees collected are paid into the Pressure Vessel Account.
end insertbegin insertThis bill would remove an existing $15 cap on a permit processing fee, and would require all fees relating to tanks, boilers, and pressure vessels to be in amounts sufficient to cover the division’s direct and indirect costs for administering these provisions. The bill would expand the fees paid into the Pressure Vessel Account to include all fees collected under those tank, boiler, and pressure vessel provisions.
end insertbegin insert(32) Existing law, the Amusement Rides Safety Law, authorizes the establishment and collection of fees by the Division of Occupational Safety and Health for inspection and permitting of amusement rides. Fees collected under those provisions are deposited into the Elevator Safety Account. Existing law requires the division to submit an annual report on amusement ride safety to the Division of Fairs and Expositions within the Department of Food and Agriculture (DFA), including route location information submitted by permit applicants.
end insertbegin insertThe bill would require the division to set fees relating to amusement rides, initially by emergency regulation, in amounts necessary to cover costs for administering those provisions, and would authorize the inclusion of direct costs and a reasonable percentage attributable to the indirect costs of the division for administration. The bill would require that fees be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account. The bill would require the division to post the amusement ride safety report on its Internet Web site instead of submitting it to the DFA, and would make the inclusion of route location information discretionary.
end insertbegin insert(33) Existing law establishes the Permanent Amusement Ride Safety Inspection Program, which authorizes the Division of Occupational Safety to fix and collect fees to cover the costs of administering the program, and fees collected are deposited in the Elevator Safety Account.
end insertbegin insertThis bill would require the division to collect those fees and include direct and reasonable indirect costs for administration. The bill would require the division to impose a penalty equal to 100% of the initial fee if a person owning or having custody, management, or operation of a permanent amusement ride fails to pay any fee required under the program within 60 days after the date of notification by the division. The bill would require that fees be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account.
end insertbegin insert(34) Existing law establishes licensing and certification provisions relating to tunnel and mine safety for explosive blasters, gas testers, and safety representatives administered by the Division of Occupational Safety and Health. Those provisions set fees for licensure and renewals. Existing law requires those fees to be deposited in the General Fund.
end insertbegin insertThis bill would revise those provisions to require the division to set fees to include direct costs and a reasonable percentage attributable to the indirect costs of the division for administration, and to deposit those fees in the Occupational Safety and Health Fund.
end insertbegin insert(35) Under existing law relating to the certification of asbestos consultants and site surveillance technicians, fees authorized to be collected by the Division of Occupational Safety and Health, as provided, are deposited in accounts within the Asbestos Training and Consultant Certification Fund.
end insertbegin insertThis bill would require the division to collect those fees and require that fees be deposited in the Occupational Safety and Health Fund instead of the Asbestos Training and Consultant Certification Fund, which latter fund the bill would abolish.
end insertbegin insert(36) Existing law requires the Division of Occupational Safety and Health to inspect the operation of the rides at a permanent amusement park annually. Existing law requires operators to submit to the division an annual certificate of compliance, including a prescribed declaration by a qualified safety inspector, and to maintain prescribed records and make them available for inspection by the division. Existing law requires the division to conduct an inspection of the operation of the rides in conjunction with an inspection of records.
end insertbegin insertThis bill would exempt the division from that requirement to conduct an operational inspection of a ride in conjunction with an inspection of records if a qualified safety inspector employed by the division has already inspected the operation of the ride in connection with the execution of the current annual certificate of compliance.
end insertbegin insert(37) Existing law allows a credit against the taxes imposed under the Corporation Tax Law and the Personal Income Tax Law for each taxable year beginning on or after January 1, 2014, and before January 1, 2025, in an amount as provided in a written agreement between the Governor’s Office of Business and Economic Development and the taxpayer, agreed upon by the California Competes Tax Credit Committee, and based on specified factors, including the number of jobs the taxpayer will create or retain in the state and the amount of investment in the state by the taxpayer. Existing law limits the aggregate amount of credits allocated to taxpayers to a specified sum per fiscal year.
end insertbegin insertThis bill would authorize the Governor’s Office of Business and Economic Development, when determining whether to enter into a written agreement with a taxpayer, to consider additional factors including, but not limited to, the financial solvency of the taxpayer and the taxpayer’s compliance with state and federal laws. The bill would also state the legislative intent relating to this bill.
end insertbegin insert(38) Existing law, the Corporation Tax Law, for taxable years beginning on or after January 1, 2015, and before January 1, 2030, allows, with regard to the manufacture of a new advanced strategic aircraft for the United States Air Force, a credit against the taxes imposed under that law in an amount equal to a specified percentage of qualified wages paid or incurred with respect to qualified full-time employees, as multiplied by an annual full-time equivalent ratio, by the qualified taxpayer. Existing law defines a “qualified taxpayer” as a prime contractor or a major first-tier contractor awarded a contract related to the New Advanced Strategic Aircraft Program. The contract was awarded in 2016 to a qualified taxpayer that is a prime contractor, and no other taxpayers are qualified taxpayers, as defined, under that contract.
end insertbegin insertThis bill would allow the above-described credit for taxable years beginning on or after January 1, 2016, and before January 1, 2031, as the New Advanced Strategic Aircraft Program contract was awarded in 2016.
end insertbegin insert(39) Existing law, federal Workforce Innovation and Opportunity Act, provides for workforce investment activities, including activities in which states may participate. Existing law provides that the California Workforce Development Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system.
end insertbegin insertExisting law requires the Director of Employment Development to permit information in his or her possession to be used for specified purposes, including to assist various state agencies to perform specified duties.
end insertbegin insertThis bill would require the director to permit the use of information in his or her possession to enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, Division of Apprenticeship Standards, and the Employment Training Panel to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes.
end insertbegin insert(40) Existing law requires the California Workforce Development Board to assist the Governor in developing and updating comprehensive state performance accountability measures to assess the effectiveness of core programs in the state. As part of that process, existing law authorizes the State Department of Education to collect the social security numbers of adults participating in adult education programs so that accurate participation in those programs can be represented. Existing law requires the State Department of Education to keep this information confidential.
end insertbegin insertThis bill would authorize the State Department of Education to share the social security numbers of adults participating in adult education programs with the Employment Development Department, and would require the Employment Development Department to keep the information confidential and only use it to track the labor market progress of program participants, as specified.
end insertbegin insert(41) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertbegin insert(42) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end insertThis bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.
end deleteVote: majority.
Appropriation: begin deleteno end deletebegin insertyesend insert.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 655 of the end insertbegin insertBusiness and Professions Codeend insert
2
begin insert is amended to read:end insert
(a) For the purposes of this section, the following terms
4have the following meanings:
5(1) “Health plan” means a health care service plan licensed
6pursuant to the Knox-Keene Health Care Service Plan Act of 1975
7(Chapter 2.2 (commencing with Section 1340) of Division 2 of
8the Health and Safety Code).
9(2) “Optical company” means a person or entity that is engaged
10in the manufacture, sale, or distribution to physicians and surgeons,
11optometrists, health plans, or dispensing opticians of lenses, frames,
12optical supplies, or optometric appliances or devices or kindred
13products.
14(3) “Optometrist” means a person licensed pursuant to Chapter
157
(commencing with Section 3000) or an optometric corporation,
16as described in Section 3160.
17(4) “Registered dispensing optician” means a person licensed
18pursuant to Chapter 5.5 (commencing with Section 2550).
19(5) “Therapeutic ophthalmic product” means lenses or other
20products that provide direct treatment of eye disease or visual
21rehabilitation for diseased eyes.
22(b) No optometrist may have any membership, proprietary
23interest, coownership, or any profit-sharing arrangement, either
P22 1by stock ownership, interlocking directors, trusteeship, mortgage,
2or trust deed, with any registered dispensing optician or any optical
3company, except as otherwise permitted under this section.
4(c) (1) A registered dispensing optician or an optical
company
5may operate, own, or have an ownership interest in a health plan
6so long as the health plan does not directly employ optometrists
7to provide optometric services directly to enrollees of the health
8plan, and may directly or indirectly provide products and services
9to the health plan or its contracted providers or enrollees or to other
10optometrists. For purposes of this section, an optometrist may be
11employed by a health plan as a clinical director for the health plan
12pursuant to Section 1367.01 of the Health and Safety Code or to
13perform services related to utilization management or quality
14assurance or other similar related services that do not require the
15optometrist to directly provide health care services to enrollees.
16In addition, an optometrist serving as a clinical director may not
17employ optometrists to provide health care services to enrollees
18of the health plan for which the optometrist is serving as clinical
19director. For the purposes of this section, the health plan’s
20utilization
management and quality assurance programs that are
21consistent with the Knox-Keene Health Care Service Plan Act of
221975 (Chapter 2.2 (commencing with Section 1340) of Division
232 of the Health and Safety Code) do not constitute providing health
24care services to enrollees.
25(2) The registered dispensing optician or optical company shall
26not interfere with the professional judgment of the optometrist.
27(3) The Department of Managed Health Care shall forward to
28the State Board of Optometry any complaints received from
29consumers that allege that an optometrist violated the Optometry
30Practice Act (Chapter 7 (commencing with Section 3000)). The
31Department of Managed Health Care and the State Board of
32Optometry shall enter into an Inter-Agency Agreement regarding
33the sharing of information related to the services provided by an
34optometrist that may be in violation of the Optometry Practice
Act
35that the Department of Managed Health Care encounters in the
36course of the administration of the Knox-Keene Health Care
37Service Plan Act of 1975 (Chapter 2.2 (commencing with section
381340) of Division 2 of the Health and Safetybegin delete Code.end deletebegin insert
Code).end insert
39(d) An optometrist, a registered dispensing optician, an optical
40company, or a health plan may execute a lease or other written
P23 1agreement giving rise to a direct or indirect landlord-tenant
2relationship with an optometrist, if all of the following conditions
3are contained in a written agreement establishing the
4landlord-tenant relationship:
5(1) (A) The practice shall be owned by the optometrist and in
6every phase be under the optometrist’s exclusive control, including
7the selection and supervision of optometric staff, the scheduling
8of patients, the amount of time the optometrist spends with patients,
9fees charged for optometric products and services, the examination
10procedures and treatment provided to patients and the optometrist’s
11contracting with managed care organizations.
12(B) Subparagraphbegin delete Aend deletebegin insert
(A)end insert shall not preclude a lease from including
13commercially reasonable terms that: (i) require the provision of
14optometric services at the leased space during certain days and
15hours, (ii) restrict the leased space from being used for the sale or
16offer for sale of spectacles, frames, lenses, contact lenses, or other
17ophthalmic products, except that the optometrist shall be permitted
18to sell therapeutic ophthalmic products if the registered dispensing
19optician, health plan, or optical company located on or adjacent
20to the optometrist’s leased space does not offer any substantially
21similar therapeutic ophthalmic products for sale, (iii) require the
22optometrist to contract with a health plan network, health plan, or
23health insurer, or (iv) permit the landlord to directly or indirectly
24provide furnishings and equipment in the leased space.
25(2) The optometrist’s records shall be the sole property of the
26
optometrist. Only the optometrist and those persons with written
27authorization from the optometrist shall have access to the patient
28records and the examination room, except as otherwise provided
29by law.
30(3) The optometrist’s leased space shall be definite and distinct
31from space occupied by other occupants of the premises, have a
32sign designating that the leased space is occupied by an
33independent optometrist or optometrists and be accessible to the
34optometrist after hours or in the case of an emergency, subject to
35the facility’s general accessibility. This paragraph shall not require
36a separate entrance to the optometrist’s leased space.
37(4) All signs and displays shall be separate and distinct from
38that of the other occupants and shall have the optometrist's name
39and the word “optometrist” prominently displayed in connection
40therewith. This paragraph shall not prohibit the
optometrist from
P24 1advertising the optometrist’s practice location with reference to
2other occupants or prohibit the optometrist or registered dispensing
3optician from advertising their participation in any health plan’s
4network or the health plan’s products in which the optometrist or
5registered dispensing optician participates.
6(5) There shall be no signs displayed on any part of the premises
7or in any advertising indicating that the optometrist is employed
8or controlled by the registered dispensing optician, health plan or
9optical company.
10(6) Except for a statement that an independent doctor of
11optometry is located in the leased space, in-store pricing signs and
12as otherwise permitted by this subdivision, the registered
13dispensing optician or optical company shall not link its advertising
14with the optometrist's name, practice, or fees.
15(7) Notwithstanding paragraphs (4) and (6), this subdivision
16shall not preclude a health plan from advertising its health plan
17products and associated premium costs and any copayments,
18coinsurance, deductibles, or other forms of cost-sharing, or the
19names and locations of the health plan’s providers, including any
20optometrists or registered dispensing opticians that provide
21professional services, in compliance with the Knox-Keene Health
22Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
23Section 1340) of Division 2 of the Health and Safety Code).
24(8) A health plan that advertises its products and services in
25accordance with paragraph (7) shall not advertise the optometrist’s
26fees for products and services that are not included in the health
27plan’s contract with the optometrist.
28(9) The optometrist shall not be
precluded from collecting fees
29for services that are not included in a health plan’s products and
30services, subject to any patient disclosure requirements contained
31in the health plan’s provider agreement with the optometrist or
32that are not otherwise prohibited by the Knox-Keene Health Care
33Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
341340) of Division 2 of the Health and Safety Code).
35(10) The term of the lease shall be no less than one year and
36shall not require the optometrist to contract exclusively with a
37health plan. The optometrist may terminate the lease according to
38the terms of the lease. The landlord may terminate the lease for
39the following reasons:
P25 1(A) The optometrist’s failure to maintain a license to practice
2optometry or the imposition of restrictions, suspension or
3revocation of the optometrist’s license or if the optometrist or the
4
optometrist’s employee is or becomes ineligible to participate in
5state or federal government-funded programs.
6(B) Termination of any underlying lease where the optometrist
7has subleased space, or the optometrist’s failure to comply with
8the underlying lease provisions that are made applicable to the
9optometrist.
10(C) If the health plan is the landlord, the termination of the
11provider agreement between the health plan and the optometrist,
12in accordance with the Knox-Keene Health Care Service Plan Act
13of 1975 (Chapter 2.2 (commencing with Section 1340) of Division
142 of the Health and Safety Code).
15(D) Other reasons pursuant to the terms of the lease or permitted
16under the Civil Code.
17(11) The landlord shall act in good faith in terminating the lease
18and
in no case shall the landlord terminate the lease for reasons
19that constitute interference with the practice of optometry.
20(12) Lease or rent terms and payments shall not be based on
21number of eye exams performed, prescriptions written, patient
22referrals or the sale or promotion of the products of a registered
23dispensing optician or an optical company.
24(13) The landlord shall not terminate the lease solely because
25of a report, complaint, or allegation filed by the optometrist against
26the landlord, a registered dispensing optician or a health plan, to
27the State Board of Optometry or the Department of Managed
28Health Care or any law enforcement or regulatory agency.
29(14) The landlord shall provide the optometrist with written
30notice of the scheduled expiration date of a lease at least 60 days
31prior to the scheduled
expiration date. This notice obligation shall
32not affect the ability of either party to terminate the lease pursuant
33to this section. The landlord may not interfere with an outgoing
34optometrist’s efforts to inform the optometrist’s patients, in
35accordance with customary practice and professional obligations,
36of the relocation of the optometrist's practice.
37(15) The State Board of Optometry may inspect, upon request,
38an individual lease agreement pursuant to its investigational
39authority, and if such a request is made, the landlord or tenant, as
40applicable, shall promptly comply with the request. Failure or
P26 1refusal to comply with the request for lease agreements within 30
2days of receiving the request constitutes unprofessional conduct
3and is grounds for disciplinary action by the appropriate regulatory
4agency.begin delete Only personal information as defined in Section 1798.3
This section shall not affect the Department of
5of the Civil Code may be redacted prior to submission of the lease
6or agreement.end delete
7Managed Health Care’s authority to inspect all books and records
8of a health plan pursuant to Section 1381 of the Health and Safety
9Code.
10Any financial information contained in the lease submitted to a
11regulatory entity, pursuant to this paragraph, shall be considered
12confidential trade secret information that is exempt from disclosure
13under the California Public Records Act (Chapter 3.5 (commencing
14with Section 6250) of Division 7 of Title 1 of the Government
15Code).
16(16) This subdivision shall not be applicable to the relationship
17between any optometrist employee and the employer medical
18group, or the relationship between a medical group exclusively
19contracted with a health plan regulated by the Department of
20Managed Health Care and that health plan.
21(e) No registered
dispensing optician may have any membership,
22proprietary interest, coownership, or profit sharing arrangement
23either by stock ownership, interlocking directors, trusteeship,
24mortgage, or trust deed, with an optometrist, except as permitted
25under this section.
26(f) Nothing in this section shall prohibit a person licensed under
27Chapter 5 (commencing with Section 2000) or its professional
28corporation from contracting with or employing optometrists,
29ophthalmologists, or optometric assistants and entering into a
30contract or landlord tenant relationship with a health plan, an
31optical company, or a registered dispensing optician, in accordance
32with Sections 650 and 654 of this code.
33(g) Any violation of this section constitutes a misdemeanor as
34to such person licensed under Chapter 7 (commencing with Section
353000) of this division and as to any and all persons, whether or
36not so licensed
under this division, who participate with such
37licensed person in a violation of any provision of this section.
38
(h) (1) Notwithstanding any other law and in addition to any
39action available to the State Board of Optometry, the State Board
40of Optometry may issue a citation containing an order of
P27 1abatement, an order to pay an administrative fine, or both, to an
2optical company, an optometrist, or a registered dispensing
3optician for a violation of this section. The administrative fine
4shall not exceed fifty thousand dollars ($50,000). In assessing the
5amount of the fine, the board shall give due consideration to all
6of the following:
7
(A) The gravity of the violation.
8
(B) The good faith of the cited person or entity.
9
(C) The history of previous violations of the same or similar
10nature.
11
(D) Evidence that the violation was or was not willful.
12
(E) The extent to which the cited person or entity has cooperated
13with the board’s investigation.
14
(F) The extent to which the cited person or entity has mitigated
15or attempted to mitigate any damage or injury caused by the
16violation.
17
(G) Any other factors as justice may require.
18
(2) A citation or fine assessment issued pursuant to a citation
19shall inform the cited person or entity that if a
hearing is desired
20to contest the finding of a violation, that hearing shall be requested
21by written notice to the board within 30 days of the date of issuance
22of the citation or assessment. If a hearing is not requested pursuant
23to this section, payment of any fine shall not constitute an
24admission of the violation charged. Hearings shall be held pursuant
25to Chapter 5 (commencing with Section 11500) of Part 1 of
26Division 3 of Title 2 of the Government Code.
27
(3) The board shall adopt regulations to implement a system
28for the issuance of citations, administrative fines, and orders of
29abatement authorized by this section. The regulations shall include
30provisions for both of the following:
31
(A) The issuance of a citation without an administrative fine.
32
(B) The opportunity for a cited person or entity to have an
33informal
conference with the executive officer of the board in
34addition to the hearing described in paragraph (2).
35
(4) The failure of a licensee to pay a fine within 30 days of the
36date of assessment, unless the citation is being appealed, may
37result in disciplinary action being taken by the board. Where a
38citation is not contested and a fine is not paid, the full amount of
39the assessed fine shall be added to the fee for renewal of the
P28 1license. A license shall not be renewed without payment of the
2renewal fee and fine.
3
(5) Notwithstanding any other law, if a fine is paid to satisfy an
4assessment based on the finding of a violation, payment of the fine
5shall be represented as satisfactory resolution of the matter for
6purposes of public disclosure.
7
(i) Administrative fines collected pursuant to this section shall
8be deposited
in the Dispensing Opticians Fund. It is the intent of
9the Legislature that moneys collected as fines and deposited in the
10fund be used by the board primarily for enforcement purposes.
begin insertSection 2556.1 of the end insertbegin insertBusiness and Professions Codeend insert
12
begin insert is amended to read:end insert
All licensed optometristsbegin delete in a setting with a registered begin insert and registered dispensing opticians who are
14dispensing opticianend delete
15in a colocated settingend insert shall report the business relationship to the
16State Board of Optometry, as determined by the board. The State
17Board of Optometry shall have the authority to inspect any
18premises at which the business of a registered dispensing optician
19isbegin delete co-locatedend deletebegin insert colocatedend insert with the practice of an optometrist, for the
20purposes of determining
compliance with Section 655. The
21inspection may include the review of any written lease agreement
22between the registered dispensing optician and the optometrist or
23between the optometrist and the health plan. Failure to comply
24with the inspection or any request for information by the board
25may subject the party to disciplinary action. The board shall
26provide a copy of its inspection results, if applicable, to the
27Department of Managed Health Care.
begin insertSection 2556.2 of the end insertbegin insertBusiness and Professions Codeend insert
29
begin insert is amended to read:end insert
(a) Notwithstanding any other law, subsequent to the
31effective date of this section and until January 1, 2019, any
32individual, corporation, or firm operating as a registered dispensing
33optician under this chapter before the effective date of this section,
34or an employee of such an entity, shall not be subject to any action
35for engaging in conduct prohibited by Section 2556 or Section 655
36as those sections existed prior to the effective date of this bill,
37except that a registrant shall be subject to discipline for duplicating
38or changing lenses without a prescription or order from a person
39duly licensed to issue the same.
P29 1(b) Nothing in this section shall be construed to imply or suggest
2that a person registered under this chapter is in violation of or in
3
compliance with the law.
4(c) This section shall not apply to any business relationships
5prohibited by Section 2556 commencing registration or operations
6on or after the effective date of this section.
7(d) Subsequent to the effective date of this section and until
8January 1, 2019, nothing in this section shall prohibit an individual,
9corporation, or firm operating as a registered dispensing optician
10from engaging in a business relationship with an optometrist
11licensed pursuant to Chapter 7 (commencing with Section 3000)
12before the effective date of this section at locations registered with
13the Medical Board of California before the effective date of this
14section.
15(e) This section does not apply to any administrative action
16pending, litigation pending, cause for discipline, or cause of action
17accruing prior to
September 1, 2015.
18(f) Anybegin delete health plan, as defined in Section 655,end deletebegin insert
registered
19dispensing optician or optical company that owns a health plan
20that employs optometrists,end insert subject to thisbegin delete sectionend deletebegin insert section,end insert shall
21
begin delete report to the State Board of Optometry in writing that (1)end deletebegin insert comply
22with the following milestones:end insert
23begin insert(1)end insertbegin insert end insertbegin insertBy January 1, 2017, end insert15 percent of its locationsbegin insert
shallend insert no
24longer employ anbegin delete optometrist by January 1, 2017, (2)end deletebegin insert optometrist.end insert
25begin insert(2)end insertbegin insert end insertbegin insertBy August 1, 2017, end insert45 percent of its locationsbegin insert shallend insert no longer
26employ anbegin delete optometrist by August 1, 2017, and (3)end deletebegin insert optometrist.end insert
27begin insert(3)end insertbegin insert end insertbegin insertBy January 1, 2019, end insert100 percent of its locationsbegin insert shallend insert no
28longer employ anbegin delete optometrist by January 1, 2019. The board shall
29provide those reports as soon as it receives them to the director
30and the Legislature. The report to the Legislature shall be submitted
31in compliance with Section 9795 of the Government Code.end delete
32
begin insert optometrist.end insert
33
(g) Any registered dispensing optician or optical company that
34owns a
health plan that employs optometrists shall report to the
35State Board of Optometry in writing as to whether it has met each
36of the milestones in subdivision (f) within 30 days of each
37milestone. The State Board of Optometry shall provide those
38reports as soon as it receives them to the director and the
39Legislature. The report to the Legislature shall be submitted in
40compliance with Section 9795 of the Government Code.
P30 1
(h) (1) Notwithstanding any other law and in addition to any
2action available to the State Board of Optometry, the State Board
3of Optometry may issue a citation containing an order of
4abatement, an order to pay an administrative fine, or both, to an
5optical company, an optometrist, or a registered dispensing
6optician for a violation of this section. The administrative fine
7shall not exceed fifty
thousand dollars ($50,000). In assessing the
8amount of the fine, the board shall give due consideration to all
9of the following:
10
(A) The gravity of the violation.
11
(B) The good faith of the cited person or entity.
12
(C) The history of previous violations of the same or similar
13nature.
14
(D) Evidence that the violation was or was not willful.
15
(E) The extent to which the cited person or entity has cooperated
16with the board’s investigation.
17
(F) The extent to which the cited person or entity has mitigated
18or attempted to
mitigate any damage or injury caused by the
19violation.
20
(G) Any other factors as justice may require.
21
(2) A citation or fine assessment issued pursuant to a citation
22shall inform the cited person or entity that if a hearing is desired
23to contest the finding of a violation, that hearing shall be requested
24by written notice to the board within 30 days of the date of issuance
25of the citation or assessment. If a hearing is not requested pursuant
26to this section, payment of any fine shall not constitute an
27admission of the violation charged. Hearings shall be held pursuant
28to Chapter 5 (commencing with Section 11500) of Part 1 of
29Division 3 of Title 2 of the Government Code.
30
(3) The board shall adopt regulations to implement a system
31for the issuance of citations, administrative fines, and orders of
32abatement authorized by
this section. The regulations shall include
33provisions for both of the following:
34
(A) The issuance of a citation without an administrative fine.
35
(B) The opportunity for a cited person or entity to have an
36informal conference with the executive officer of the board in
37addition to the hearing described in paragraph (2).
38
(4) The failure of a licensee to pay a fine within 30 days of the
39date of assessment, unless the citation is being appealed, may
40result in disciplinary action being taken by the board. Where a
P31 1citation is not contested and a fine is not paid, the full amount of
2the assessed fine shall be added to the fee for renewal of the
3license. A license shall not be renewed without payment of the
4renewal fee and fine.
5
(5) Notwithstanding any other
law, if a fine is paid to satisfy an
6assessment based on the finding of a violation, payment of the fine
7shall be represented as satisfactory resolution of the matter for
8purposes of public disclosure.
9
(i) Administrative fines collected pursuant to this section shall
10be deposited in the Dispensing Opticians Fund. It is the intent of
11the Legislature that moneys collected as fines and deposited in the
12fund be used by the board primarily for enforcement purposes.
begin insertSection 3010.5 of the end insertbegin insertBusiness and Professions Codeend insert
14
begin insert is amended to read:end insert
(a) There is in the Department of Consumer Affairs
16a State Board of Optometry in which the enforcement of this
17chapter is vested. The board consists of 11 members, five of whom
18shall be public members and one of the nonpublic members shall
19be an individual registered as a dispensingbegin delete optician.end deletebegin insert optician,
20spectacle lens dispenser, or contact lens dispenser.end insert The registered
21dispensingbegin delete opticianend delete member shall be registered pursuant to Chapter
225.5. (commencing with Section 2550) and in good standing with
23the board.
24Six members of the board shall constitute a quorum.
25(b) The board shall, with respect to conducting investigations,
26inquiries, and disciplinary actions and proceedings, have the
27authority previously vested in the board as created pursuant to
28former Section 3010. The board may enforce any disciplinary
29actions undertaken by that board.
30(c) This section shall remain in effect only until January 1, 2018,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2018, deletes or extends that date.
33Notwithstanding any other law, the repeal of this section renders
34the board subject to review by the appropriate policy committees
35of the Legislature.
36
(d) The amendments to this section by the act adding this
37
subdivision shall apply to appointments made on or after January
381, 2016.
begin insertSection 3011 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
40amended to read:end insert
begin insert(a)end insertbegin insert end insertMembers of the board, except the public members
2and the registered dispensingbegin delete opticianend delete member, shall be appointed
3only from persons who are registered optometrists of the State of
4California and actually engaged in the practice of optometry at the
5time of appointment or who are members of the faculty of a school
6of optometry. The public members shall not be a licentiate of the
7board or of any other board under this division or of any board
8referred to in Sections 1000 and 3600.
9No person except the registered dispensingbegin delete opticianend delete
member,
10including the public members, shall be eligible to membershipbegin delete inend delete
11begin insert onend insert the board who is a stockholder in or owner of or a member of
12the board of trustees of any school of optometry or who shall be
13financially interested, directly or indirectly, in any concern
14manufacturing or dealing in optical supplies at wholesale.
15No person shall serve as a member of the board for more than
16two consecutive terms.
17A member of the faculty of a school of optometry may be
18appointed to the board; however, no more than two faculty
19members of schools of optometry may be on the board at any one
20time. Faculty members of the board shall not serve as public
21members.
22
(b) The amendments to this section by the act adding this
23subdivision shall apply to appointments made on or after January
241, 2016.
begin insertSection 3013 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
26amended to read:end insert
(a) Each member of the board shall hold office for a
28term of four years, and shall serve until the appointment and
29qualification of his or her successor or until one year shall have
30elapsed since the expiration of the term for which he or she was
31appointed, whichever first occurs.
32(b) Vacancies occurring shall be filled by appointment for the
33unexpired term.
34(c) The Governor shall appoint three of the public members,
35five members qualified as provided in Section 3011, and the
36registered dispensingbegin delete opticianend delete member as provided in Section
373010.5. The Senate Committee on Rules and the Speaker of the
38Assembly shall each
appoint a public member.
39(d) No board member serving between January 1, 2000, and
40June 1, 2002, inclusive, shall be eligible for reappointment.
P33 1(e) For initial appointments made on or after January 1, 2003,
2one of the public members appointed by the Governor and two of
3the professional members shall serve terms of one year. One of
4the public members appointed by the Governor and two of the
5professional members shall serve terms of three years. The
6remaining public member appointed by the Governor and the
7remaining two professional members shall serve terms of four
8years. The public members appointed by the Senate Committee
9on Rules and the Speaker of the Assembly shall each serve for a
10term of four years.
11(f) The initial appointment of a registered dispensingbegin delete opticianend delete
12begin insert
optician, spectacle lens dispenser, or contact lens dispenserend insert
13 member shall replace the optometrist member whose term expired
14on June 1, 2015.
15
(g) The amendments to this section by the act adding this
16subdivision shall apply to appointments made on or after January
171, 2016.
begin insertSection 3020 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
19amended to read:end insert
(a) There shall be established under the State Board of
21Optometry a dispensing optician committee to advise and make
22recommendations to the board regarding the regulation ofbegin delete aend delete
23 dispensingbegin delete opticiansend deletebegin insert opticians, spectacle lens dispensers, and
24contact lens dispensers, registeredend insert pursuant to Chapter 5.5
25(commencing with Section 2550). The committee shall consist of
26five members,begin delete twoend deletebegin insert oneend insert
of whom shall bebegin insert aend insert registered dispensing
27begin delete opticians,end deletebegin insert optician registered pursuant to Chapter 5.5 (commencing
28with Section 2550), one of whom shall be a spectacle lens dispenser
29or contact lens dispenser registered pursuant to Chapter 5.5
30(commencing with Section 2550),end insert two of whom shall be public
31members, and one of whom shall be a member of the board. Initial
32appointments to the committee shall be made by the board. The
33board shall stagger the terms of the initial members appointed.
34The filling of vacancies on the committee shall be made by the
35board upon recommendations by the committee.
36(b) The committee shall be responsible for:
37(1) Recommending registration standards and criteria for the
38registration of dispensingbegin delete opticians.end deletebegin insert opticians, nonresident contact
39lens sellers, spectacle lens dispensers, and contact lens dispensers.end insert
P34 1(2) Reviewing of the disciplinary guidelines relating to registered
2dispensingbegin delete opticians.end deletebegin insert opticians, nonresident contact lens sellers,
3spectacle lens dispensers, and contact lens dispensers.end insert
4(3) Recommending to the board changes or
additions to
5regulations adopted pursuant to Chapter 5.5 (commencing with
6Section 2550).
7(4) Carrying out and implementing all responsibilities and duties
8imposed upon it pursuant to this chapter or as delegated to it by
9the board.
10(c) The committee shall meet at least twice a year and as needed
11in order to conduct its business.
12(d) Recommendations by the committee regarding scope of
13practice or regulatory changes or additions shall be approved,
14modified, or rejected by the board within 90 days of submission
15of the recommendation to the board. If the board rejects or
16significantly modifies the intent or scope of the recommendation,
17the committee may request that the board provide its reasons in
18writing for rejecting or significantly modifying the
19recommendation, which shall be provided by the board within 30
20days of
the request.
21(e) After the initial appointments by the board pursuant to
22subdivision (a), the Governor shall appoint the registered
23dispensing optician members and the public members. The
24committee shall submit a recommendation to the board regarding
25which board member should be appointed to serve on the
26committee, and the board shall appoint the member to serve.
27Committee members shall serve a term of four years except for
28the initial staggered terms. A member may be reappointed, but no
29person shall serve as a member of the committee for more than
30two consecutive terms.
31
(f) The amendments to this section by the act adding this
32subdivision apply as of January 1, 2016.
begin insertSection 846.1 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert
(a) Except as provided in subdivision (c), an owner of
35any estate or interest in real property, whether possessory or
36nonpossessory, who gives permission to the public for entry on or
37use of the real property pursuant to an agreement with a public or
38nonprofit agency for purposes of recreational trail use, and is a
39defendant in a civil action brought by, or on behalf of, a person
40who is allegedly injured or allegedly suffers damages on the real
P35 1property, may present a claim to thebegin delete California Victim begin insert Department of
2Compensation and Government Claims Boardend delete
3General Servicesend insert for reasonable attorney’s
fees incurred in this
4civil action if any of the following occurs:
5(1) The court has dismissed the civil action upon a demurrer or
6motion for summary judgment made by the owner or upon its own
7motion for lack of prosecution.
8(2) The action was dismissed by the plaintiff without any
9payment from the owner.
10(3) The owner prevails in the civil action.
11(b) Except as provided in subdivision (c), a public entity, as
12defined in Section 831.5 of the Government Code, that gives
13permission to the public for entry on or use of real property for a
14recreational purpose, as defined in Section 846, and is a defendant
15in a civil action brought by, or on behalf of, a person who is
16allegedly injured or allegedly suffers damages on the real property,
17may present a claim
to thebegin delete California Victim Compensation and begin insert
Department of General Servicesend insert for
18Government Claims Boardend delete
19reasonable attorney’s fees incurred in this civil action if any of the
20following occurs:
21(1) The court has dismissed the civil action upon a demurrer or
22motion for summary judgment made by this public entity or upon
23its own motion for lack of prosecution.
24(2) The action was dismissed by the plaintiff without any
25payment from the public entity.
26(3) The public entity prevails in the civil action.
27(c) An owner of any estate or interest in real property, whether
28possessory or nonpossessory, or a public entity, as defined in
29Section 831.5 of the Government Code, that gives permission to
30the public for entry on, or use of, the real property for a recreational
31purpose, as defined in
Section 846, pursuant to an agreement with
32a public or nonprofit agency, and is a defendant in a civil action
33brought by, or on behalf of, a person who seeks to restrict, prevent,
34or delay public use of that property, may present a claim to the
35begin delete California Victim Compensation and Government Claims Boardend delete
36begin insert Department of General Servicesend insert for reasonable attorney’s fees
37incurred in the civil action if any of the following occurs:
38(1) The court has dismissed the civil action upon a demurrer or
39motion for summary judgment made by the owner or public entity
40or upon its own motion for lack of prosecution.
P36 1(2) The action was dismissed by the plaintiff without any
2payment from the owner or public
entity.
3(3) The owner or public entity prevails in the civil action.
4(d) Thebegin delete California Victim Compensation and Government begin insert
Department of General Servicesend insert shall allow the
5Claims Boardend delete
6claim if the requirements of this section are met. The claim shall
7be paid from an appropriation to be made for that purpose.
8Reasonable attorney’s fees, for purposes of this section, may not
9exceed an hourly rate greater than the rate charged by the Attorney
10General at the time the award is made, and may not exceed an
11aggregate amount of twenty-five thousand dollars ($25,000). This
12subdivision shall not apply if a public entity has provided for the
13defense of this civil action pursuant to Section 995 of the
14Government Code. This subdivision shall also not apply if an
15owner or public entity has been provided a legal defense by the
16state pursuant to any contract or other legal obligation.
17(e) The total of claims allowed by thebegin delete boardend deletebegin insert
Department of
18General Servicesend insert pursuant to this section shall not exceed two
19hundred thousand dollars ($200,000) per fiscal year.
begin insertSection 1789.37 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert
(a) Every owner of a check casher’s business shall
22obtain a permit from the Department of Justice to conduct a check
23casher’s business.
24(b) All applications for a permit to conduct a check casher’s
25business shall be filed with the department in writing, signed by
26the applicant, if an individual, or by a member or officer authorized
27to sign, if the applicant is a corporation or other entity, and shall
28state the name of the business, the type of business engaged in,
29and the business address. Each applicant shall be fingerprinted.
30(c) Each applicant for a permit to conduct a check casher’s
31business shall pay a fee not to exceed the cost of processing the
32
application, fingerprinting the applicant, and checking or obtaining
33the criminal record of the applicant, at the time of filing the
34application.
35(d) Each applicant shall annually, beginning one year from the
36date of issuance of a check casher’s permit, file an application for
37renewal of the permit with the department, along with payment of
38a renewal fee not to exceed the cost of processing the application
39for renewal and checking or obtaining the criminal record of the
40applicant.
P37 1(e) The department shall deny an application for a permit to
2conduct a check casher’s business, or for renewal of a permit, if
3the applicant has a felony conviction involving dishonesty, fraud,
4or deceit, if the crime is substantially related to the qualifications,
5functions, or duties of a person engaged in the business of check
6cashing.
7(f) The department shall adopt regulations to implement this
8section and shall determine the amount of the application fees
9required by this section. The department shall prescribe forms for
10the applications and permit required by this section, which shall
11be uniform throughout the state.
12(g) In any action brought by a city attorney or district attorney
13to enforce a violation of this section, an owner of a check casher’s
14business who engages in the business of check cashing without
15holding a current and valid permit issued by the department
16pursuant to this section is subject to a civil penalty, as follows:
17(1) For the first offense, not more than one thousand dollars
18($1,000).
19(2) For the second offense, not more than five thousand dollars
20($5,000).
21(h) Any person who has twice been found in violation of
22subdivision (g) and who, within 10 years of the date of the first
23offense, engages in the business of check cashing without holding
24a current and valid permit issued by the department pursuant to
25this section is guilty of a misdemeanor punishable by imprisonment
26in a county jail not exceeding six months, or by a fine not
27exceeding five thousand dollars ($5,000), or by both that fine and
28imprisonment.
29(i) All civil penalties, forfeited bail, or fines received by any
30court pursuant to this section shall, as soon as practicable after the
31receipt thereof, be deposited with the county treasurer of the county
32in which the court is situated. Fines and forfeitures deposited shall
33be disbursed pursuant to the Penal Code. Civil penalties deposited
34shall be paid at least once a month as follows:
35(1) Fifty percent to the
Treasurer by warrant of the county
36auditor drawn upon the requisition of the clerk or judge of the
37court, to be deposited in the State Treasury on order of the
38Controller.
39(2) Fifty percent to the city treasurer of the city, if the offense
40occurred in a city, otherwise to the treasurer of the county in which
P38 1the prosecution is conducted. Any money deposited in the State
2Treasury under this section that is determined by the Controller to
3have been erroneously deposited shall bebegin delete refunded, subject to begin insert refundedend insert out of
4approval of the California Victim Compensation and Government
5Claims Board prior to the payment of the refund,end delete
6any money in the State Treasury that is available by law for that
7purpose.
8(j) This section shall become operative December 31, 2004.
begin insertSection 77 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is amended
10to read:end insert
(a) In every county and city and county, there is an
12appellate division of the superior court consisting of three judges
13or, when the Chief Justice finds it necessary, four judges.
14The Chief Justice shall assign judges to the appellate division
15for specified terms pursuant to rules, not inconsistent with statute,
16adopted by the Judicial Council to promote the independence and
17quality of each appellate division. Each judge assigned to the
18appellate division of a superior court shall be a judge of that court,
19a judge of the superior court of another county, or a judge retired
20from the superior court or a court of higher jurisdiction in this
21state.
22The Chief Justice shall designate one of the judges of each
23appellate division as the presiding
judge of the division.
24(b) In each appellate division, no more than three judges shall
25participate in a hearing or decision. The presiding judge of the
26division shall designate the three judges who shall participate.
27(c) In addition to their other duties, the judges designated as
28members of the appellate division of the superior court shall serve
29for the period specified in the order of designation. Whenever a
30judge is designated to serve in the appellate division of the superior
31court of a county other than the county in which that judge was
32elected or appointed as a superior court judge, or if the judge is
33retired, in a county other than the county in which the judge resides,
34the judge shall receive expenses for travel, board, and lodging. If
35the judge is out of the judge’s county overnight or longer, by reason
36of the designation, that judge shall be paid a per diem allowance
37in
lieu of expenses for board and lodging in the same amounts as
38are payable for those purposes to justices of the Supreme Court
39under the rules of thebegin delete California Victim Compensation and begin insert
Department of General Services.end insert In
40Government Claims Board.end delete
P39 1addition, a retired judge shall receive for the time so served,
2amounts equal to that which the judge would have received if the
3judge had been assigned to the superior court of the county.
4(d) The concurrence of two judges of the appellate division of
5the superior court shall be necessary to render the decision in every
6case in, and to transact any other business except business that
7may be done at chambers by the presiding judge of, the division.
8A judgment of the appellate division in an appeal shall contain a
9brief statement of the reasons for the judgment. A judgment stating
10only “affirmed” or “reversed” is insufficient. The presiding judge
11shall convene the appellate division when necessary. The presiding
12judge shall also supervise its business and transact any business
13that may be done at chambers.
14(e) The appellate division of the superior court has jurisdiction
15on appeal in all cases in which an appeal may be taken to the
16superior court or the appellate division of the superior court as
17provided by law, except where the appeal is a retrial in the superior
18court.
19(f) The powers of each appellate division shall be the same as
20are now or may hereafter be provided by law or rule of the Judicial
21Council relating to appeals to the appellate division of the superior
22courts.
23(g) The Judicial Council shall promulgate rules, not inconsistent
24with law, to promote the independence of, and govern the practice
25and procedure and the disposition of the business of, the appellate
26division.
27(h) Notwithstanding subdivisions (b) and (d), appeals from
28convictions of traffic infractions may be heard and decided by one
29
judge of the appellate division of the superior court.
begin insertSection 1345 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
31amended to read:end insert
If any person has erroneously delivered any unclaimed
33moneys or other unclaimed property to the state or any officer or
34employee thereof, and the moneys or other property is deposited
35in the Unclaimed Property Fund or is held by the Controller or
36Treasurer in the name of any account in that fund pursuant to this
37title, the moneys or other property delivered in error may be
38refunded or returned to that person on order of thebegin delete Controller, with begin insert Controller.end insert
39the approval of the California Victim Compensation and
40Government Claims Board.end delete
begin insertSection 1346 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
2amended to read:end insert
If any person has erroneously delivered any unclaimed
4moneys or other unclaimed property to the state or any officer or
5employee thereof, and the moneys or other property is deposited
6in, or transferred to, the General Fund, or is held by the Controller
7or Treasurer in the name of that fund, pursuant to this title, the
8moneys or other property delivered in error, if cash, shall on order
9of the Controller, be transferred from the General Fund to the
10Unclaimed Property Fund, and, if other than cash, the records of
11the Controller and Treasurer shall be adjusted to show that it is
12held in the name of the proper account in the Unclaimed Property
13Fund; and the moneys or other property may be refunded or
14returned to that person on order of thebegin delete Controller, with the approval begin insert
Controller.end insert
15of the California Victim Compensation and Government Claims
16Board.end delete
begin insertSection 1370 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
18amended to read:end insert
Thebegin delete Controller, with the prior approval of the California begin insert Controllerend insert
20Victim Compensation and Government Claims Board,end delete
21 may sell or lease personal property at any time, and in any manner,
22and may execute those leases on behalf and in the name of the
23State of California.
begin insertSection 1371 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
25amended to read:end insert
Thebegin delete Controller, with the prior approval of the California begin insert Controllerend insert
27Victim Compensation and Government Claims Board,end delete
28 may sell, cash, redeem, exchange, or otherwise dispose of any
29securities and all other classes of personal property, and may sell,
30cash, redeem, exchange, compromise, adjust, settle, or otherwise
31dispose of any accounts, debts, contractual rights, or other choses
32in action if, in his or her opinion, that action on his or her part is
33necessary or will tend to safeguard and conserve the interests of
34all parties, including the state, having any vested or expectant
35interest in the
property.
begin insertSection 1375 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
37amended to read:end insert
begin deleteWith the approval of the California Victim Compensation begin insertAny end insertreal property may be sold
39and Government Claims Board, any end delete
40or leased by the Controller at private sale without published notice.
begin insertSection 1379 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
2amended to read:end insert
begin deleteWith the prior approval of the California Victim begin insertThe end insertController
4Compensation and Government Claims Board, the end delete
5may destroy or otherwise dispose of any personal property other
6than cash deposited in the State Treasury under this title, if that
7property is determined by him or her to be valueless or of such
8little value that the costs of conducting a sale would probably
9exceed the amount that would be realized from the sale, and neither
10the Treasurer nor Controller shall be held to respond in damages
11at the suit of any person claiming loss by reason of that destruction
12or disposition.
begin insertSection 1563 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
14amended to read:end insert
(a) Except as provided in subdivisions (b) and (c), all
16escheated property delivered to the Controller under this chapter
17shall be sold by the Controller to the highest bidder at public sale
18in whatever city in the state affords in his or her judgment the most
19favorable market for the property involved, or the Controller may
20conduct the sale by electronic media, including, but not limited
21to, the Internet, if in his or her judgment it is cost effective to
22conduct the sale of the property involved in that manner. However,
23no sale shall be made pursuant to this subdivision until 18 months
24after the final date for filing the report required by Section 1530.
25The Controller may decline the highest bid and reoffer the property
26for sale if he or she considers the price bid insufficient. The
27Controller need not offer any property for
sale if, in his or her
28opinion, the probable cost of sale exceeds the value of the property.
29Any sale of escheated property held under this section shall be
30preceded by a single publication of notice thereof, at least one
31week in advance of sale, in an English language newspaper of
32general circulation in the county where the property is to be sold.
33(b) Securities listed on an established stock exchange shall be
34sold at the prevailing prices on that exchange. Other securities may
35be sold over the counter at prevailing pricesbegin delete or, with prior approval begin insert orend insert by any other method that the Controller may determine
36of the California Victim Compensation and Government Claims
37Board,end delete
38to be advisable. These securities shall be sold by the Controller no
39sooner than 18
months, but no later than 20 months, after the final
40date for filing the report required by Section 1530. If securities
P42 1delivered to the Controller by a holder of the securities remain in
2the custody of the Controller, a person making a valid claim for
3those securities under this chapter shall be entitled to receive the
4securities from the Controller. If the securities have been sold, the
5person shall be entitled to receive the net proceeds received by the
6Controller from the sale of the securities. United States government
7savings bonds and United States war bonds shall be presented to
8the United States for payment. Subdivision (a) does not apply to
9the property described in this subdivision.
10(c) (1) All escheated property consisting of military awards,
11decorations, equipment, artifacts, memorabilia, documents,
12photographs, films, literature, and any other item relating to the
13military history of California and
Californians that is delivered to
14the Controller is exempt from subdivision (a) and may, at the
15discretion of the Controller, be held in trust for the Controller at
16the California State Military Museum and Resource Center, or
17successor entity. All escheated property held in trust pursuant to
18this subdivision is subject to the applicable regulations of the
19United States Army governing Army museum activities as
20described in Section 179 of the Military and Veterans Code. Any
21person claiming an interest in the escheated property may file a
22claim to the property pursuant to Article 4 (commencing with
23Section 1540).
24(2) The California State Military Museum and Resource Center,
25or successor entity, shall be responsible for the costs of storage
26and maintenance of escheated property delivered by the Controller
27under this subdivision.
28(d) The purchaser at any sale conducted by the
Controller
29pursuant to this chapter shall receive title to the property purchased,
30free from all claims of the owner or prior holder thereof and of all
31persons claiming through or under them. The Controller shall
32execute all documents necessary to complete the transfer of title.
begin insertSection 12117 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
34read:end insert
(a) The State Agency for Donated Food Distribution
36may, without at the time furnishing vouchers or itemized
37statements, draw from the Donated Food Revolving Fund for use
38as a departmental revolving fund either of the following:
39(1) A sum not to exceed thirty thousand dollars ($30,000).
P43 1(2) With the approval of the Department of Finance, a sum in
2excess of thirty thousand dollars ($30,000).
3(b) Any moneys withdrawn pursuant to subdivision (a) may
4only be used, in accordance with law and thebegin delete California Victim begin insert
Department of
5Compensation and Government Claims Boardend delete
6General Servicesend insert
rules, for payment of compensation earned,
7traveling expense, traveling expense advances, or where immediate
8payment is otherwise necessary. All disbursements from the
9revolving fund shall be substantiated by vouchers filed with and
10audited by the Controller. From time to time, disbursements,
11supported by vouchers, may be reported to the Controller in
12connection with claims for reimbursement of the departmental
13revolving fund. At any time upon the demand of the Department
14of Finance or the Controller, the revolving fund shall be accounted
15for and substantiated by vouchers and itemized statements
16submitted to and audited by the Controller.
begin insertSection 17295 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
18read:end insert
(a) (1) The Department of General Services shall pass
20upon and approve or reject all plans for the construction or, if the
21estimated cost exceedsbegin delete twenty-fiveend deletebegin insert one hundredend insert thousand dollars
22begin delete ($25,000),end deletebegin insert ($100,000),end insert the alteration of any school building.
23(2) To enable the Department of General Services to pass upon
24and approve
plans pursuant to this subdivision, the governing board
25of each school district and any other school authority before
26adopting any plans for the school building shall submit the plans
27to the Department of General Services for approval, and shall pay
28the fees prescribed in this article.
29(b) Notwithstanding subdivisionbegin delete (a) of Section 17295,end deletebegin insert (a),end insert where
30the estimated cost of the reconstruction or alteration of, or an
31addition to, any school building exceedsbegin delete twenty-fiveend deletebegin insert one hundredend insert
32 thousand dollarsbegin delete ($25,000)end deletebegin insert
($100,000),end insert
but does not exceedbegin delete oneend delete
33begin insert twoend insert hundredbegin insert twenty-fiveend insert thousand dollarsbegin delete ($100,000),end deletebegin insert ($225,000),end insert
34 a licensed structural engineer shall examine the proposed project
35to determine if it is a nonstructural alteration or a structural
36alteration. If he or she determines that the project is a nonstructural
37alteration, he or she shall prepare a statement so indicating. If he
38or she determines that the project is structural, he or she shall
39prepare plans and specifications for the project which shall be
40submitted to the
Department of General Services for review and
P44 1approval. A copy of the engineer’s report stating that the work
2does not affect structural elements shall be filed with the
3Department of General Services.
4(c) If a licensed structural engineer submits a report to the
5Department of General Services stating that the plans or activities
6authorized pursuant to subdivision (b) do not involve structural
7elements, then all of the following shall apply to that project:
8(1) The design professional in responsible charge of the project
9undertaken pursuant to this subdivision shall certify that the plans
10and specifications for the project meet any applicable fire and life
11safety standards, and do not affect the disabled access requirements
12of Section 4450 of the Government Code, and shall submit this
13 certification to thebegin delete department.end deletebegin insert
Department of General Services.end insert
14 The letter of certification shall bear the identifying licensing stamp
15or seal of the design professional. Thisbegin delete provisionend deletebegin insert paragraphend insert does
16not preclude a design professional from submitting plans and
17specifications to thebegin delete departmentend deletebegin insert Department of General Servicesend insert
18 along with the appropriate fee for review.
19(2) Within 10 days of the completion of any project authorized
20pursuant to subdivision (b), the school construction inspector of
21record on the project, who is certified by thebegin delete departmentend delete
22begin insert
Department of General Servicesend insert to inspect school buildings, shall
23certify in writing to thebegin delete departmentend deletebegin insert Department of General Servicesend insert
24 that the reconstruction, alteration, or addition has been completed
25in compliance with the plans and specifications.
26(3) The dollar amounts cited in this section shall be increased
27on an annual basis, commencing January 1,begin delete 1999,end deletebegin insert 2018,end insert by the
28begin delete departmentend deletebegin insert
Department of General Servicesend insert according to an
29inflationary index governing construction costs that is selected and
30recognized by thebegin delete department.end deletebegin insert Department of General Services.end insert
31(4) No school district shall subdivide a project for the purpose
32of evading the limitation on amounts cited in this section.
33(d) For purposes of this section, “design professional in
34responsible charge” or “design professional” means the licensed
35architect, licensed structural engineer, or licensed civil engineer
36who is responsible for the completion of the design work involved
37with the project.
begin insertSection 24618 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
39read:end insert
Losses or gains resulting from overpayment or
2underpayment of contributions or other amounts under this part
3within the limits set by thebegin delete California Victim Compensation and begin insert Department of General Servicesend insert for
4Government Claims Boardend delete
5automatic writeoff, and losses or gains in greater amounts
6specifically approved for writeoffs by thebegin delete California Victim begin insert Department of
7Compensation and Government Claims Board,end delete
8General Services,end insert shall be
debited or credited, as the case may be,
9to the appropriate reserve in the retirement fund.
begin insertSection 68121 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
11read:end insert
(a) Notwithstanding any other provision of law, no
13mandatory systemwide fees or tuition of any kind shall be required
14or collected by the Regents of the University of California or the
15Trustees of the California State University, from a student who is
16in an undergraduate program and who is the surviving dependent
17of any individual killed in the September 11, 2001, terrorist attacks
18on the World Trade Center in New York City, the Pentagon
19building in Washington, DC, or the crash of United Airlines Flight
2093 in southwestern Pennsylvania, if he or she meets the financial
21need requirements set forth in Section 69432.7 for the Cal Grant
22A Program and either of the following apply:
23(1) The surviving dependent was a resident of
California on
24September 11, 2001.
25(2) The individual killed in the attacks was a resident of
26California on September 11, 2001.
27(b) (1) The California Victim Compensationbegin delete and Government Board shall identify all persons who are eligible for tuition
28Claimsend delete
29and fee waivers pursuant to this section or subdivision (j) of Section
3076300. That board shall notify these persons or, in the case of
31minors, the parents or guardians of these persons, of their eligibility
32for tuition and fee waivers under these provisions. This notification
33shall be in writing, and shall be received by all of the appropriate
34persons no later than July 1, 2003.
35(2) The Trustees of the California State University, the Regents
36of the University of
California and the governing board of each
37community college district in the state shall waive tuition and fees,
38as specified in this section and in subdivision (j) of Section 76300,
39for any person who can demonstrate eligibility. If requested by
40the California State University, the University of California,
P46 1Hastings College of the Law, or a California Community College,
2the California Victim Compensationbegin delete and Government Claimsend delete
3 Board, on a case-by-case basis, shall confirm the eligibility of
4persons requesting the waiver of tuition and fees, as provided for
5in this section.
6(c) A determination of whether a person is a resident of
7California on September 11, 2001, shall be based on the criteria
8set forth in this chapter for determining nonresident and resident
9tuition.
10(d) (1) “Dependent,” for purposes of this section, is a person
11who, because of his or her relationship to an individual killed as
12a result of injuries sustained during the terrorist attacks of
13September 11, 2001, qualifies for compensation under the federal
14September 11th Victim Compensation Fund of 2001 (Title IV
15(commencing with Section 401) of Public Law 107-42).
16(2) A dependent who is the surviving spouse of an individual
17killed in the terrorist attacks of September 11, 2001, is entitled to
18the waivers provided in this section until January 1, 2013.
19(3) A dependent who is the surviving child, natural or adopted,
20of an individual killed in the terrorist attacks of September 11,
212001, is entitled to the waivers under this section until that person
22obtains the age of 30 years.
23(4) A dependent of an
individual killed in the terrorist attacks
24of September 11, 2001, who is determined to be eligible by the
25California Victim Compensationbegin delete and Government Claimsend delete Board,
26is also entitled to the waivers provided in this section until January
271, 2013.
begin insertSection 70010.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended
29to read:end insert
As used in this article:
31(a) “Board” means the Scholarshare Investment Board
32established pursuant to Section 69984.
33(b) “California resident” means a person who would not be
34required to pay nonresident tuition under Chapter 1 (commencing
35with Section 68000) of Part 41.
36(c) “Dependent” means a person identified by the California
37Victim Compensationbegin delete and Government Claimsend delete Board because of
38his or her relationship to a California resident killed as a result of
39injuries sustained during the terrorist attacks of September 11,
402001.
P47 1(d) “Fund” means the California Memorial Scholarship Fund
2established pursuant to Section 5066 of the Vehicle Code.
3(e) “Institution of higher education” has the same meaning as
4“eligible educational institution,” as defined in paragraph (5) of
5subsection (e) of Section 529 of the Internal Revenue Code of
61986, as amended by Section 211 of the Taxpayer Relief Act of
71997 (Public Law 105-34).
8(f) “Participant” means a surviving dependent of a California
9resident killed as a result of injuries sustained during the terrorist
10attacks of September 11, 2001, who has executed, or on whose
11behalf has been executed, an agreement pursuant to Section 70011.
12(g) “Program” means the California Memorial Scholarship
13Program established pursuant to Section 70010.
14(h) “Scholarship” means a participant’s account as established
15by the board with moneys deposited in the fund.
begin insertSection 70010.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
17to read:end insert
(a) The California Victim Compensationbegin delete and Board shall identify, and confirm by
19Government Claimsend delete
20documentation, all persons who are eligible for scholarships under
21the program. The California Victim Compensationbegin delete and Government Board shall use various methods to identify those persons,
22Claimsend delete
23including, but not limited to, all of the following:
24(1) Media outreach, including, but not limited to, social media,
25that explains the details of the program, who is eligible for
26scholarships under the program, and how to sign up for further
27notifications regarding the program.
28(2) Written notification to persons, or in the case of minors,
29their parents or guardians, who have previously been identified as
30eligible for scholarships under the program, and their known family
31members. The notification shall explain that the program has been
32reopened, and that the California Victim Compensationbegin delete and Board is seeking information regarding other
33Government Claimsend delete
34persons who may be eligible for the program, and shall provide
35instructions on how to sign up for further notifications regarding
36the program.
37(3) Communication with the Special Master of the federal
38September 11th Victim Compensation Fund to determine if
39additional victims who were California residents have been
40identified.
P48 1(b) After creating a new list of
eligible persons for the program,
2the California Victim Compensationbegin delete and Government Claimsend delete
3 Board shall notify these persons or, in the case of minors, the
4parents or guardians of these persons, of their eligibility for
5scholarships under the program.
6(1) The notification shall be in writing.
7(2) The notification shall provide details on the program and
8how to apply for scholarships under the program.
9(3) The notification shall be received by all of the appropriate
10persons no later than July 1, 2015.
11(c) The Scholarshare Investment Board shall service scholarships
12pursuant to this article only for individuals determined to be eligible
13by the California Victim Compensationbegin delete and Government Claimsend delete
14
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.
begin insertSection 76300 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
23read:end insert
(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.
P49 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.
P50 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).
P51 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
P52 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
P53 1California Victim Compensationbegin delete and Government Claimsend delete Board,
2is also entitled to the waivers provided in this section
until January
31, 2013.
4(m) (1) It is the intent of the Legislature that sufficient funds
5be provided to support the provision of a fee waiver for every
6student who demonstrates eligibility pursuant to subdivisions (g)
7to (j), inclusive.
8(2) From funds provided in the annual Budget Act, the board
9of governors shall allocate to community college districts, pursuant
10to this subdivision, an amount equal to 2 percent of the fees waived
11pursuant to subdivisions (g) to (j), inclusive. From funds provided
12in the annual Budget Act, the board of governors shall allocate to
13community college districts, pursuant to this subdivision, an
14amount equal to ninety-one cents ($0.91) per credit unit waived
15pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
16Legislature that funds provided pursuant to this subdivision be
17used to support the determination of
financial need and delivery
18of student financial aid services, on the basis of the number of
19students for whom fees are waived. It also is the intent of the
20Legislature that the funds provided pursuant to this subdivision
21directly offset mandated costs claimed by community college
22districts pursuant to Commission on State Mandates consolidated
23Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
24(Enrollment Fee Waivers). Funds allocated to a community college
25district for determination of financial need and delivery of student
26financial aid services shall supplement, and shall not supplant, the
27level of funds allocated for the administration of student financial
28aid programs during the 1992-93 fiscal year.
29(n) The board of governors shall adopt regulations implementing
30this section.
31(o) This section shall become operative on May 1, 2012, only
32if subdivision (b) of Section
3.94 of the Budget Act of 2011 is
33operative.
begin insertSection 81133 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
35read:end insert
(a) The Department of General Services shall pass
37upon, and approve or reject, all plans for the construction or, if the
38estimated cost exceedsbegin delete twenty-fiveend deletebegin insert one hundredend insert thousand dollars
39begin delete ($25,000),end deletebegin insert ($100,000),end insert the alteration of any school building. To
40enable it to do so, the governing board of each community college
P54 1district and any other school authority before adopting any plans
2for the school building shall
submit the plans to the Department
3of General Services for approval, and shall pay the fees prescribed
4in this article.
5(b) Notwithstanding subdivision (a), where the estimated cost
6of reconstruction or alteration of, or addition to, a school building
7exceedsbegin delete twenty-fiveend deletebegin insert one hundredend insert thousand dollarsbegin delete ($25,000),end delete
8begin insert ($100,000),end insert but does not exceedbegin delete oneend deletebegin insert twoend insert hundredbegin insert
twenty-fiveend insert
9
thousand dollarsbegin delete ($100,000),end deletebegin insert ($225,000),end insert a licensed structural
10engineer shall examine the proposed project to determine if it is a
11nonstructural alteration or a structural alteration. If he or she
12determines that the project is a nonstructural alteration, he or she
13shall prepare a statement so indicating. If he or she determines that
14the project is structural, he or she shall prepare plans and
15specifications for the project which shall be submitted to the
16Department of General Services for review and approval. A copy
17of the engineer’s report stating that the work does not affect
18structural elements shall be filed with the Department of General
19Services.
20(c) If a licensed structural engineer submits a report to the
21Department of General
Services stating that the plans or activities
22authorized pursuant to subdivision (b) do not involve structural
23elements, then all of the following shall apply to that project:
24(1) The design professional in responsible charge of the project
25undertaken pursuant to this subdivision shall certify that the plans
26and specifications for the project meet any applicable fire and life
27safety standards, and do not affect the disabled access requirements
28of Section 4450 of the Government Code, and shall submit this
29certification to thebegin delete department.end deletebegin insert Department of General Services.end insert
30 The letter of certification shall bear the identifying licensing stamp
31or seal of the design professional. Thisbegin delete provisionend deletebegin insert
paragraphend insert does
32not preclude a design professional from submitting plans and
33specifications to thebegin delete departmentend deletebegin insert Department of General Servicesend insert
34 along with the appropriate fee for review.
35(2) Within 10 days of the completion of any project authorized
36pursuant to subdivision (b), the school construction inspector of
37record on the project, who is certified by thebegin delete departmentend delete
38begin insert Department of General Servicesend insert to inspect school buildings, shall
39certify in writing to thebegin delete departmentend deletebegin insert
Department of General Servicesend insert
P55 1 that the reconstruction, alteration, or addition has been completed
2in compliance with the plans and specifications.
3(3) The dollar amounts cited in this section shall be increased
4on an annual basis, commencing January 1,begin delete 1999,end deletebegin insert 2018,end insert by the
5begin delete departmentend deletebegin insert Department of General Servicesend insert according to an
6inflationary index governing construction costs that is selected and
7recognized by thebegin delete department.end deletebegin insert
Department of General Services.end insert
8(4) Nobegin delete schoolend deletebegin insert community collegeend insert district shall subdivide a
9project for the purpose of evading the limitation on amounts cited
10in this section.
11(5) Before letting any contract for any construction or alteration
12of any school building, the written approval of the plans, as to
13safety of design and construction, by the Department of General
14Services, shall first be had and obtained.
15(6) In each case the application for approval of the plans shall
16be accompanied by the plans and full, complete, and accurate
17specifications, and structural design computations,
and estimates
18of cost, which shall comply in every respect with any and all
19requirements prescribed by the Department of General Services.
20(7) (A) The application shall be accompanied by a filing fee in
21amounts as determined by the Department of General Services
22based on the estimated cost according to the following schedule:
23(i) For the first one million dollars ($1,000,000), a fee of not
24more than 0.7 percent of the estimated cost.
25(ii) For all costs in excess of one million dollars ($1,000,000),
26a fee of not more than 0.6 percent of the estimated cost.
27(B) The minimum fee in any case shall be two hundred fifty
28dollars ($250). If the actual cost exceeds the estimated cost by
29more than 5 percent, a further fee shall be paid to the
Department
30of General Services, based on the above schedule and computed
31on the amount by which the actual cost exceeds the amount of the
32estimated cost.
33(8) (A) All fees collected under this article shall be paid into
34the State Treasury and credited to the Public School Planning,
35Design, and Construction Review Revolving Fund, and are
36continuously appropriated, without regard to fiscal years, for the
37use of the Department of General Services, subject to approval of
38the Department of Finance, in carrying out this article.
39(B) Adjustments in the amounts of the fees, as determined by
40the Department of General Services and approved by the
P56 1Department of Finance, shall be made within the limits set in
2paragraph (7) in order to maintain a reasonable working balance
3in the fund.
4(9) No contract for the
construction or alteration of any school
5building, made or executed by the governing board of any
6community college district or other public board, body, or officer
7otherwise vested with authority to make or execute this contract,
8is valid, and no public money shall be paid for any work done
9under this contract or for any labor or materials furnished in
10constructing or altering the building, unless the plans,
11specifications, and estimates comply in every particular with the
12provisions of this article and the requirements prescribed by the
13Department of General Services and unless the approval thereof
14in writing has first been had and obtained from the Department of
15General Services.
16(d) For purposes of this section, “design professional in
17responsible charge” or “design professional” means the licensed
18architect, licensed structural engineer, or licensed civil engineer
19who is responsible for the completion of the design work involved
20with the
project.
begin insertSection 89750.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
22to read:end insert
(a) Notwithstanding Sections 948 and 965.2 of the
24Government Code or any otherbegin delete provision ofend delete law, the trustees may
25settle, adjust, or compromise any pending action or final judgment,
26without the need for a recommendation, certification, or approval
27from any other state officer or entity. The Controller shall draw a
28warrant for the payment of any settlement, adjustment, or
29compromise, or final judgment against the trustees if the trustees
30certify that a sufficient appropriation for the payment of the
31settlement, adjustment, compromise, or final judgment exists.
32(b) Notwithstanding paragraph (3) of subdivision (b) of Section
33905.2 of the Government Code or any otherbegin delete provision ofend delete
law, the
34trustees may pay any claim for money or damages on express
35contract or for an injury for which the trustees or their officers or
36employees are liable, without approval of thebegin delete California Victim begin insert Department of
37Compensation and Government Claims Board,end delete
38General Services,end insert if the trustees determine that payment of the
39claim is in the best interests of the California State University and
40that funds are available to pay the claim. The authority of the
P57 1trustees conferred by this subdivision does not alter any other
2requirements governing claims in the Government Claims Act
3(Division 3.6 (commencing with Section 810) of Title 1 of the
4Government Code), except to grant the trustees authority to pay
5these claims.
6(c) Notwithstanding Chapter 3
(commencing with Section
713940) of Part 4 of Division 3 of Title 2 of the Government Code,
8the trustees may discharge from accountability the sum of one
9thousand dollars ($1,000) or less, owing to the California State
10University, if the trustees determine that the money is uncollectible
11or the amount does not justify the cost of collection. A discharge
12of accountability by the trustees does not release any person from
13the payment of any moneys due the California State University.
begin insertSection 1122 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
15to read:end insert
Any claim for damages arising against the state under
17Section 1121 shall be presented to thebegin delete California Victim begin insert Department of
18Compensation and Government Claims Boardend delete
19General Servicesend insert in accordance with Section 905.2 of the
20Government Code, and if not covered by insurance provided
21pursuant to Section 1121, the claim shall be payable only out of
22funds appropriated by the Legislature for that purpose. If the state
23elects to insure its liability under Section 1121, thebegin delete California begin insert
Department
24Victim Compensation and Government Claims Boardend delete
25of General Servicesend insert may automatically deny the claim.
begin insertSection 15512 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
27to read:end insert
(a) If aquatic plants or animals are destroyed pursuant
29to subdivision (e) of Section 15505, the owner shall be promptly
30paid from the General Fund an amount equal to 75 percent of the
31replacement value of the plants or animals, less the value
32determined by the department of any replacement stock provided
33by the department under subdivision (b) if the claim is submitted
34pursuant to Section 15513. If the replacement value is not settled
35between the owner and the department, the replacement value shall
36be determined by an appraiser appointed by the director and an
37appraiser appointed by the owner. Appraiser’s fees shall be paid
38by the appointing party. Disputes between these two appraisers
39shall be submitted to arbitration under the Commercial Arbitration
40Rules of the American
Arbitration Association.
P58 1(b) If the department provides replacement stock to an
2aquaculturist whose plants or animals are destroyed pursuant to
3subdivision (e) of Section 15505, the amount to be paid to the
4aquaculturist pursuant to this section shall be reduced by the value
5of the replacement stock, as determined by the department.
6(c) The result of the arbitration or the amount settled between
7the owner and the department, reduced by the value determined
8by the department of any replacement stock provided under
9subdivision (b), may be submitted as a claim by the owner to the
10begin delete California Victim Compensation and Government Claims Boardend delete
11begin insert Department of General Servicesend insert pursuant to Section
15513.
begin insertSection 3955 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
13amended to read:end insert
Claims against an association shall be presented to the
15begin delete California Victim Compensation and Government Claims Boardend delete
16begin insert Department of General Servicesend insert in accordance with Part 3
17(commencing with Section 900) and Part 4 (commencing with
18Section 940) of Division 3.6 of Title 1 of the Government Code.
begin insertSection 14978.2 of the end insertbegin insertFood and Agricultural Codeend insert
20
begin insert is amended to read:end insert
(a) The board may establish the Commercial Feed
22Inspection Committee as an entity to administer this chapter. The
23committee shall consist of eight persons appointed by the board
24who shall be licensed under this chapter. The committee may, with
25the concurrence of the director, appoint one additional member to
26the committee, who shall be a public member. The public member
27shall be a citizen and resident of California who is not subject to
28the licensing requirements of this chapter, and who has no financial
29interest in any person licensed under this chapter.
30(b) Each member shall have an alternate member appointed in
31the same manner as the member, who shall serve in the absence
32of the member for whom they are designated as
alternate and who
33shall have all the duties and exercise the full rights and privileges
34of members.
35(c) The committee may appoint its own officers, including a
36chairperson, one or more vice chairpersons, and other officers as
37it deems necessary. The officers shall have the powers and duties
38delegated to them by the committee.
39(d) The members and alternate members, when acting as
40members, shall serve without compensation but shall be reimbursed
P59 1for expenses necessarily incurred by them in the performance of
2their duties in accordance with the rules of thebegin delete California Victim begin insert Department of
3Compensation and Government Claims Board.end delete
4General Services.end insert
5(e) A quorum of the committee shall be five members. A vote
6of the majority of the members present at a meeting at which there
7is a quorum shall constitute the act of the committee.
8(f) No member or alternate member, or any employee or agent
9thereof, shall be personally liable for the actions of the committee
10or responsible individually in any way for errors in judgment,
11mistakes, or other acts, either by commission or omission, except
12for his or her own individual acts of dishonesty or crime.
begin insertSection 52295 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
14amended to read:end insert
Members of the board shall receive no salary but may
16be allowed per diem in accordance withbegin delete California Victim begin insert Department of
17Compensation and Government Claims Boardend delete
18General Servicesend insert rules for attendance at meetings and other board
19activities authorized by the board and approved by the director.
begin insertSection 800 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
21read:end insert
(a) In any civil action to appeal or review the award,
23finding, or other determination of any administrative proceeding
24under this code or under any other provision of state law, except
25actions resulting from actions of thebegin delete California Victim begin insert Department of
26Compensation and Government Claims Board,end delete
27General Services,end insert if it is shown that the award, finding, or other
28determination of the proceeding was the result of arbitrary or
29capricious action or conduct by a public entity or an officer thereof
30in his or her official capacity, the complainant if he or she prevails
31in the civil action may collect from
the public entity reasonable
32attorney’s fees, computed at one hundred dollars ($100) per hour,
33but not to exceed seven thousand five hundred dollars ($7,500),
34if he or she is personally obligated to pay the fees in addition to
35any other relief granted or other costs awarded.
36(b) This section is ancillary only, and shall not be construed to
37create a new cause of action.
38(c) The refusal by a public entity or officer thereof to admit
39liability pursuant to a contract of insurance shall not be considered
P60 1arbitrary or capricious action or conduct within the meaning of
2this section.
begin insertSection 850.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert
(a) Whenever a public entity provides fire protection
6or firefighting service outside of the area regularly served and
7protected by the public entity providing that service, the public
8entity providing the service is liable for any injury for which
9liability is imposed by statute caused by its act or omission or the
10act or omission of its employee occurring in the performance of
11that fire protection or firefighting service. Notwithstanding any
12other law, the public entity receiving the fire protection or
13firefighting service is not liable for any act or omission of the
14public entity providing the service or for any act or omission of
15an employee of the public entity providing the service; but the
16public entity providing the service and the public entity receiving
17the service may by
agreement determine the extent, if any, to which
18the public entity receiving the service will be required to indemnify
19the public entity providing the service.
20(b) Notwithstanding any other provision of this section, any
21claims against the state shall be presented to thebegin delete California Victim begin insert Department of
22Compensation and Government Claims Boardend delete
23General Servicesend insert in accordance with Part 3 (commencing with
24Section 900) and Part 4 (commencing with Section 940) of Division
253.6 of Title 1.
begin insertSection 900.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert
“Board” means:
29(a) In the case of a local public entity, the governing body of
30the local public entity.
31(b) In the case of the state, except as provided by subdivisions
32(c) and (d), thebegin delete Victim Compensation and Government Claims begin insert Department of General Services.end insert
33Board.end delete
34(c) In the case of a judicial branch entity or judge of one of those
35entities, the Judicial Council.
36(d) In the case of the California State
University, the Trustees
37of the California State University.
begin insertSection 905.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert
(a) This section shall apply to claims against the state
2filed with thebegin delete California Victim Compensation and Government begin insert Department of General Services except as provided
3Claims Board.end delete
4in subparagraph (B) of paragraph (2) of subdivision (b).end insert
5(b) There shall be presented in accordance with this chapter and
6Chapter 2 (commencing with Section 910) all claims for money
7or damages against the state:
8(1) For which no appropriation has been made or for which no
9fund is available but the settlement of which has been
provided
10for by statute or constitutional provision.
11(2) begin insert(A)end insertbegin insert end insertFor which the appropriation made or fund designated
12is exhausted.
13
(B) Claims for reissuance of stale, dated, or replacement
14warrants shall be filed with the state entity that originally issued
15the warrant and, if allowed, shall be paid from the issuing entity’s
16current appropriation.
17(3) For money or damages on express contract, or for an injury
18for which the state is liable.
19(4) For which settlement is not otherwise provided for by statute
20or constitutional
provision.
21(c) Claimants shall pay a filing fee of twenty-five dollars ($25)
22for filing a claim described in subdivisionbegin delete (b).end deletebegin insert (b), except for claims
23for reissuance of stale, dated, or replacement warrants as
24described in subparagraph (B) of paragraph (2) of subdivision
25(b).end insert This fee shall be deposited into thebegin delete Generalend deletebegin insert Service Revolvingend insert
26 Fund andbegin delete mayend deletebegin insert
shall onlyend insert bebegin delete appropriated inend deletebegin insert available for theend insert
27 support of thebegin delete board as reimbursements to Item 7870-001-0001 of begin insert Department of General
28Section 2.00 of the annual Budget Act.end delete
29Services upon appropriation by the Legislature.end insert
30(1) The fee shall not apply to the following persons:
31(A) Persons who are receiving benefits pursuant to the
32Supplemental Security Income (SSI) and State Supplementary
33Payment (SSP) programs (Article 5 (commencing with Section
3412200) of Chapter
3 of Part 3 of Division 9 of the Welfare and
35Institutions Code), the California Work Opportunity and
36Responsibility to Kids Act (CalWORKs) program (Chapter 2
37(commencing with Section 11200) of Part 3 of Division 9 of the
38Welfare and Institutions Code), the federal Supplemental Nutrition
39Assistance Program (SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section
4017000 of the Welfare and Institutions Code.
P62 1(B) Persons whose monthly income is 125 percent or less of the
2current monthly poverty line annually established by the Secretary
3of California Health and Human Services pursuant to the federal
4Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35),
5as amended.
6(C) Persons who are sentenced to imprisonment in a state prison
7or confined in a county jail, or who are residents in a state
8institution and, within 90 days prior to the date the claim is filed,
9have a balance of one hundred
dollars ($100) or less credited to
10the inmate’s or resident’s trust account. A certified copy of the
11statement of the account shall be submitted.
12(2) Any claimant who requests a fee waiver shall attach to the
13application a signed affidavit requesting the waiver and verification
14of benefits or income and any other required financial information
15in support of the request for the waiver.
16(3) Notwithstanding any other law, an applicant shall not be
17entitled to a hearing regarding the denial of a request for a fee
18waiver.
19(d) The time for thebegin delete boardend deletebegin insert
Department of General Servicesend insert to
20determine the sufficiency, timeliness, or any other aspect of the
21claim shall begin when any of the following occur:
22(1) The claim is submitted with the filing fee.
23(2) The fee waiver is granted.
24(3) The filing fee is paid to thebegin delete boardend deletebegin insert departmentend insert upon the
25begin delete board’send deletebegin insert department’send insert denial of the fee waiver request, so long as
26payment is received within 10 calendar days
of the mailing of the
27notice of the denial.
28(e) Upon approval of the claim by thebegin delete board,end deletebegin insert
Department of
29General Services,end insert the fee shall be reimbursed to the claimant,
30except that no fee shall be reimbursed if the approved claim was
31for the payment of an expired warrant. Reimbursement of the filing
32fee shall be paid by the state entity against which the approved
33claim was filed. If the claimant was granted a fee waiver pursuant
34to this section, the amount of the fee shall be paid by the state
35entity to thebegin delete board.end deletebegin insert department.end insert The reimbursement to the claimant
36or the payment to thebegin delete boardend deletebegin insert departmentend insert shall be made at the time
37the claim is paid by the state entity, or shall be added
to the amount
38appropriated for the claim in an equity claims bill.
39(f) The board may assess a surcharge to the state entity against
40which the approved claim was filed in an amount not to exceed
P63 115 percent of the total approved claim. The board shall not include
2the refunded filing fee in the surcharge calculation. This surcharge
3shall be deposited into the General Fund and may be appropriated
4in support of the board as reimbursements to Item 7870-001-0001
5of Section 2.00 of the annual Budget Act.
6(1) The surcharge shall not apply to approved claims to reissue
7expired warrants.
8(2) Upon the request of thebegin delete boardend deletebegin insert departmentend insert in a
form
9prescribed by the Controller, the Controller shall transfer the
10begin delete surcharges andend delete
fees from the state entity’s appropriation to the
11appropriation for the support of thebegin delete board.end deletebegin insert department.end insert However,
12thebegin delete boardend deletebegin insert
departmentend insert shall not request an amount that shall be
13submitted for legislative approval pursuant to Section 13928.
14(g) The filing fee required by subdivision (c) shall apply to all
15claims filed after June 30, 2004, or the effective date of this statute.
16The surcharge authorized by subdivision (f) may be calculated and
17included in claims paid after June 30, 2004, or the effective date
18of the statute adding this subdivision.
19(h) This section shall not apply to claims made for a violation
20of the California Whistleblower Protection Act (Article 3
21(commencing with Section 8547) of Chapter 6.5 of Division 1 of
22Title 2).
begin insertSection 905.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
24to read:end insert
Notwithstanding any otherbegin delete provision ofend delete law to the
26contrary, no claim shall be submitted by a local agency or school
27district, nor shall a claim be considered by thebegin delete California Victim begin insert Department of
28Compensation and Government Claims Boardend delete
29General Servicesend insert pursuant to Section 905.2, if that claim is eligible
30for consideration by the Commission on State Mandates pursuant
31to Article 1 (commencing with Section 17550) of Chapter 4 of
32Part 7 of Division 4 of Title 2.
begin insertSection 906 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
34read:end insert
(a) As used in this section, “amount allowed on the claim”
36means the amount allowed by thebegin delete California Victim Compensation begin insert Department of General Servicesend insert
37and Government Claims Boardend delete
38 on a claim allowed, in whole or in part, or the amount offered by
39thebegin delete boardend deletebegin insert departmentend insert to settle or compromise a claim.
P64 1(b) Except as otherwise provided in this subdivision, no interest
2is payable on the
amount allowed on the claim if payment of the
3claim is subject to approval of an appropriation by the Legislature.
4If an appropriation is made for the payment of a claim described
5in this subdivision, interest on the amount appropriated for the
6payment of the claim commences to accrue 180 days after the
7effective date of the act by which the appropriation is enacted.
begin insertSection 911.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert
(a) A claim relating to a cause of action for death or
11for injury to person or to personal property or growing crops shall
12be presented as provided in Article 2 (commencing with Section
13915) not later than six months after the accrual of the cause of
14action. A claim relating to any other cause of action shall be
15presented as provided in Article 2 (commencing with Section 915)
16not later than one year after the accrual of the cause of action.
17(b) For purposes of determining whether a claim was
18commenced within the period provided by law, the date the claim
19was presented to thebegin delete California Victim Compensation and begin insert
Department of General Servicesend insert is one
20Government Claims Boardend delete
21of the following:
22(1) The date the claim is submitted with a twenty-five dollar
23($25) filing fee.
24(2) If a fee waiver is granted, the date the claim was submitted
25with the affidavit requesting the fee waiver.
26(3) If a fee waiver is denied, the date the claim was submitted
27with the affidavit requesting the fee waiver, provided the filing
28fee is paid to thebegin delete boardend deletebegin insert departmentend insert within 10 calendar days of the
29mailing of the notice of the denial of the fee waiver.
begin insertSection 912.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
31to read:end insert
(a) The Trustees of the California State University shall
33act on a claim against the California State University in accordance
34with the procedure that the Trustees of the California State
35University provide by rule.
36(b) Nothing in this section authorizes the Trustees of the
37California State University to adopt any rule that is inconsistent
38with this part.
39(c) If a claim for money or damages against the California State
40University is mistakenly presented to thebegin delete Victim Compensation begin insert Department of General
Services,end insert
P65 1and Government Claims Board,end delete
2 thebegin delete Victim Compensation and Government Claims Boardend delete
3begin insert
Department of General Servicesend insert shall immediately notify the
4claimant of the error and shall include information on proper filing
5of the claim.
begin insertSection 915 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
7read:end insert
(a) A claim, any amendment thereto, or an application
9to the public entity for leave to present a late claim shall be
10presented to a local public entity by either of the following means:
11(1) Delivering it to the clerk, secretary or auditor thereof.
12(2) Mailing it to the clerk, secretary, auditor, or to the governing
13body at its principal office.
14(b) Except as provided in subdivisions (c) and (d), a claim, any
15amendment thereto, or an application for leave to file a late claim
16shall be presented to the state by either of the following means:
17(1) Delivering it to an office
of thebegin delete Victim Compensation and begin insert
Department of General Services.end insert
18Government Claims Board.end delete
19(2) Mailing it to thebegin delete Victim Compensation and Government begin insert Department of General Servicesend insert at its principal
20Claims Boardend delete
21office.
22(c) A claim, any amendment thereto, or an application for leave
23to file a late claim shall be presented to a judicial branch entity in
24accordance with the following means:
25(1) Delivering or mailing it to the court executive officer, if
26against a superior court or a judge, court executive officer, or trial
27court employee, as defined in Section 811.9, of that court.
28(2) Delivering or mailing it to the clerk/administrator of the
29court of appeals, if against a court of appeals or a judge of that
30court.
31(3) Delivering or mailing it to the Clerk of the Supreme Court,
32if against the Supreme Court or a judge of that court.
33(4) Delivering or mailing it to the Secretariat of the Judicial
34Council, if against the Judicial Council or the Administrative Office
35of the Courts.
36(d) A claim, any amendment thereto, or an application for leave
37to file a late claim shall be presented to the Trustees of the
38California State University by delivering or mailing it to the Office
39of Risk Management at the Office of the Chancellor of the
40California State University.
P66 1(e) A claim, amendment or application shall be deemed to have
2
been presented in compliance with this section even though it is
3not delivered or mailed as provided in this section if, within the
4time prescribed for presentation thereof, any of the following apply:
5(1) It is actually received by the clerk, secretary,begin delete auditorend deletebegin insert
auditor,end insert
6 or board of the local public entity.
7(2) It is actually received at an office of thebegin delete Victim begin insert Department of
8Compensation and Government Claims Board.end delete
9General Services.end insert
10(3) If against the California State University, it is actually
11received by the Trustees of the California State University.
12(4) If against a judicial branch entity or judge, it is actually
13received by the court executive officer, court clerk/administrator,
14court clerk, or secretariat of the judicial branch entity.
15(f) A claim, amendment or application
shall be deemed to have
16been presented in compliance with this section to a public agency
17as defined in Section 53050 if it is delivered or mailed within the
18time prescribed for presentation thereof in conformity with the
19information contained in the statement in the Roster of Public
20Agencies pertaining to that public agency which is on file at the
21time the claim, amendment or application is delivered or mailed.
22As used in this subdivision, “statement in the Roster of Public
23Agencies” means the statement or amended statement in the Roster
24of Public Agencies in the office of the Secretary of State or in the
25office of the county clerk of any county in which the statement or
26amended statement is on file.
begin insertSection 920 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
28read:end insert
As used in this chapter, “omnibus claim appropriation”
30means an act of appropriation, or an item of appropriation in a
31budget act, by which the Legislature appropriates a lump sum to
32pay the claim of thebegin delete California Victim Compensation and begin insert Department of General Servicesend insert or its
33Government Claims Boardend delete
34secretary against the state in an amount that the Legislature has
35determined is properly chargeable to the state.
begin insertSection 925 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
37read:end insert
As used in this chapter,begin delete “board”end deletebegin insert “department”end insert means the
39
begin delete California Victim Compensation and Government Claims Board.end delete
40
begin insert Department of General Services.end insert
begin insertSection 925.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
Any person having a claim against thebegin delete Stateend deletebegin insert stateend insert for
4which appropriations have been made, or for which state funds
5are available, may present it to the Controller in the form and
6manner prescribed by the general rules and regulations adopted
7by thebegin delete boardend deletebegin insert departmentend insert for the presentation and audit of claims.
begin insertSection 925.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert
(a) The Controller shall not draw his or her warrant for
11any claim until it has been audited by him or her in conformity
12with law and the general rules and regulations adopted by the
13begin delete board,end deletebegin insert department,end insert governing the presentation and audit of claims.
14Whenever the Controller is directed by law to draw his or her
15warrant for any purpose, the direction is subject to this section.
16(b) Notwithstanding the provisions of subdivision (a), the
17Assembly Committee on Rules, the Senate Committee on Rules,
18and the Joint Rules Committee, in
cooperation with the Controller,
19shall adopt rules and regulations to govern the presentation of
20claims of the committees to the Controller. The Controller, in
21cooperation with the committees, shall adopt rules and regulations
22governing the audit and recordkeeping of claims of the committees.
23All rules and regulations shall be adopted by January 31, 1990,
24shall be published in the Assembly and Senate Journals, and shall
25be made available to the public.
26(c) Rules and regulations adopted pursuant to subdivision (b)
27shall not be subject to the review by or approval of the Office of
28Administrative Law.
29(d) Records of claims kept by the Controller pursuant to
30subdivision (b) shall be open to public inspection as permitted by
31the California Public Records Act (Chapter 3.5 (commencing with
32Section 6250) of Division 7 of Title 1).
begin insertSection 926 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
34read:end insert
If hebegin insert or sheend insert disapproves a claim, the Controller shall file
36it and a statement of hisbegin insert or herend insert disapproval and hisbegin insert or herend insert reasons
37with thebegin delete boardend deletebegin insert departmentend insert as prescribed in the rules and regulations
38of thebegin delete board.end deletebegin insert
department.end insert
begin insertSection 926.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert
The Controller shall not entertain for a second time a
2claim against thebegin delete Stateend deletebegin insert stateend insert once rejected by himbegin insert or herend insert or by the
3Legislature unless such facts are subsequently presented to the
4begin delete boardend deletebegin insert departmentend insert as in suits between individualsbegin insert thatend insert
would furnish
5sufficient ground for granting a new trial.
begin insertSection 926.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
7to read:end insert
Any person who is aggrieved by the disapproval of a
9claim by thebegin delete Controller,end deletebegin insert Controllerend insert may appeal to thebegin delete board.end delete
10begin insert department.end insert If thebegin delete boardend deletebegin insert departmentend insert finds that facts are presented
11justifying such action, the Controller shall reconsider hisbegin insert
or herend insert
12 rejection of the claim.
begin insertSection 926.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14to read:end insert
After final rejection of a claim by the Controller
16following reconsideration, any person interested may appeal to
17the Legislature by filing with thebegin delete boardend deletebegin insert departmentend insert a notice of
18appeal. Upon receipt of such notice thebegin delete boardend deletebegin insert departmentend insert shall
19transmit to the Legislature the rejected claim, all papers
20accompanying it, and a statement of the evidence taken before the
21
begin delete board.end deletebegin insert
department.end insert
begin insertSection 927.13 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert
(a) Unless otherwise provided for by statute, any state
25agency that fails to submit a correct claim schedule to the
26Controller within 30 days of receipt of a notice of refund or other
27payment due, and fails to issue payment within 45 days from the
28notice of refund or other payment due, shall be liable for penalties
29on the undisputed amount pursuant to this section. The penalties
30shall be paid out of the agency’s funds at a rate equal to the Pooled
31Money Investment Account daily rate on June 30 of the prior fiscal
32year minus 1 percent. The penalties shall cease to accrue on the
33date full payment or refund is made. If the amount of the penalty
34is ten dollars ($10) or less, the penalty shall be waived and not
35paid by the state agency. On an exception basis, state agencies
36may avoid payment of penalties for failure to submit a
correct
37claim schedule to the Controller by paying the claimant directly
38from the state agency’s revolving fund within 45 calendar days
39following the agency’s receipt of the notice of refund or other
40payment due.
P69 1(b) The Controller shall pay claimants within 15 calendar days
2of receipt of a correct claim schedule from the state agency. If the
3Controller fails to make payment within 15 calendar days of receipt
4of the claim schedule from a state agency, and payment is not
5issued within 45 calendar days following the agency’s receipt of
6a notice of refund or undisputed payment due, the Controller shall
7pay applicable penalties to the claimant. Penalties shall cease to
8accrue on the date full payment is made, and shall be paid out of
9the Controller’s funds. If the amount of the penalty is ten dollars
10($10) or less, the penalty shall be waived and not paid by the
11Controller.
12(c) No
person shall receive an interest payment pursuant to this
13section if it is determined that the person has intentionally overpaid
14on a liability solely for the purpose of receiving a penalty payment.
15(d) No penalty shall accrue during any time period for which
16there is no Budget Act in effect, nor on any payment or refund that
17is the result of a federally mandated program or that is directly
18dependent upon the receipt of federal funds by a state agency.
19(e) This section shall not apply to any of the following:
20(1) Payments, refunds, or credits for income tax purposes.
21(2) Payment of claims for reimbursement for health care services
22or mental health services provided under the Medi-Cal program,
23pursuant to Chapter 7 (commencing with Section 14000) of Part
24
3 of Division 9 of the Welfare and Institutions Code.
25(3) Any payment made pursuant to a public social service or
26public health program to a recipient of benefits under that program.
27(4) Payments made on claims by thebegin delete California Victim begin insert Department of
28Compensation and Government Claims Board.end delete
29General Services.end insert
30(5) Payments made by the Commission on State Mandates.
31(6) Payments made by the Department of Human Resources
32pursuant to Section 19823.
begin insertSection 935.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert
(a) Thebegin delete Victim Compensation and Government Claims begin insert Department of General Servicesend insert may authorize any state
36Boardend delete
37agency to settle and pay claims filed pursuant to Section 905.2 if
38the settlement does not exceed one thousand dollars ($1,000) or a
39lesser amount as thebegin delete boardend deletebegin insert departmentend insert may determine, or to reject
40the claim and provide the notice required by Section 913. The
P70 1begin delete boardend deletebegin insert
departmentend insert may require state agencies that it so authorizes
2to report annually to thebegin delete boardend deletebegin insert
departmentend insert concerning the claims
3resolved pursuant to this section.
4(b) As used in this section, “state agency” means any office,
5officer, department, division, bureau, board, commission, or agency
6of the state, claims against which are paid by warrants drawn by
7the Controller, but does not mean any judicial branch entity, as
8defined in Section 900.3, or any judge thereof.
begin insertSection 935.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert
(a) Notwithstanding Section 935.6, the Department of
12Transportation may deny or adjust and pay any claim arising out
13of the activities of the department without the prior approval of
14thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert if both of the following
15Boardend delete
16conditions exist:
17(1) The amount claimed is equal to or less than the amount
18specified as the small claims court jurisdictional amount in Section
19116.221 of the Code of Civil Procedure.
20(2) The Director of Finance
or the Director of Transportation
21certifies that a sufficient appropriation for the payment of the claim
22exists.
23(b) If the department elects not to pay any claim, the department
24shall provide the notice required by Section 913.
25(c) Any person who submits any claim arising out of any activity
26of the Department of Transportation shall comply with every other
27applicable provision of this part relating to claims against state
28agencies.
begin insertSection 940.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert
“Board” means:
32(a) In the case of a local public entity, the governing body of
33the local public entity.
34(b) In the case of the state, except as provided by subdivisions
35(c) and (d), thebegin delete Victim Compensation and Government Claims begin insert Department of General Services.end insert
36Board.end delete
37(c) In the case of a judicial branch entity or a judge thereof, the
38Judicial Council.
39(d) In the case of the California State University,
the Trustees
40of the California State University.
begin insertSection 965 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
2read:end insert
(a) Upon the allowance by thebegin delete California Victim begin insert Department of
4Compensation and Government Claims Boardend delete
5General Servicesend insert of all or part of a claim for which the Director
6of Finance certifies that a sufficient appropriation for the payment
7of the claim exists, and the execution and presentation of
8documents thebegin delete boardend deletebegin insert departmentend insert may require that discharge the
9state of all liability under the claim, thebegin delete boardend deletebegin insert
departmentend insert shall
10designate the fund from which the claim is to be paid, and the state
11agency concerned shall pay the claim from that fund. If there is
12no sufficient appropriation for the payment available, thebegin delete boardend delete
13begin insert departmentend insert shall report to the Legislature in accordance with
14Section 912.8. Claims arising out of the activities of the State
15Department of Transportation may be paid if either the Director
16of Transportation or the Director of Finance certifies that a
17sufficient appropriation for the payment of the claim exists.
18(b) Notwithstanding subdivision (a), if there is no sufficient
19appropriation for the payment of claims, settlements, or judgments
20against the state arising from an action in which the state is
21
represented by the Attorney General, the Attorney General shall
22report the claims, settlements, and judgments to the chairperson
23of either the Senate Committee on Appropriations or the Assembly
24Committee on Appropriations, who shall cause to be introduced
25legislation appropriating funds for the payment of the claims,
26settlements, or judgments.
27(c) Notwithstanding subdivision (a) or (b), claims, settlements,
28or judgments arising out of the activities of a judicial branch entity,
29as defined by Sections 900.3 and 940.3, or a judge thereof may be
30paid if the Judicial Council authorizes payment and the
31Administrative Director of the Courts certifies that sufficient funds
32for that payment exist from funds allocated to settlement,
33adjustment, and compromise of actions and claims. If sufficient
34funds for payment of settlements or judgments do not exist, the
35Administrative Director of the Courts shall report the settlements
36and judgments to the
chairperson of either the Senate Committee
37on Appropriations or the Assembly Committee on Appropriations,
38who shall cause to be introduced legislation appropriating funds
39for the payment of the settlements or judgments. If sufficient funds
40for payment of claims do not exist, the Administrative Director of
P72 1the Courts shall report the claims to thebegin delete California Victim begin insert Department of
2Compensation and Government Claims Board,end delete
3General Services,end insert which shall have 90 days to object to payment.
4The Administrative Director of the Courts shall confer with the
5begin delete Chairpersonend deletebegin insert Directorend insert ofbegin delete the California Victim Compensation and begin insert
General Servicesend insert regarding any
6Government Claims Boardend delete
7objection received during the 90-day period. If thebegin delete California begin insert Department
8Victim Compensation and Government Claims Boardend delete
9of General Servicesend insert
withdraws the objection, or if no objection
10was received, the Administrative Director of the Courts shall report
11the claims to the chairperson of either the Senate Committee on
12Appropriations or the Assembly Committee on Appropriations,
13who shall cause to be introduced legislation appropriating funds
14for the payment of the claims. The Judicial Council may authorize
15any committee of the Judicial Council or any employee of the
16Administrative Office of the Courts to perform the functions of
17the Judicial Council under this section. The Administrative Director
18of the Courts may designate an executive staff member of the
19Administrative Office of the Courts to perform the functions of
20the Administrative Director of the Courts under this section.
begin insertSection 965.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
22to read:end insert
begin deletePursuant to Section 13909, the California Victim begin insertThe Director of
24Compensation and Government Claims Board end delete
25General Services end insertmaybegin delete delegate to the executive officer the authority allow a claim filed pursuant to subdivision (c) of Section 905.2
26toend delete
27if the settlement amount of that claim does not exceed fifty
28thousand dollars ($50,000), or to reject any claim as so described.
begin insertSection 965.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert
(a) A judgment for the payment of money against the
32state or a state agency is enforceable until 10 years after the time
33the judgment becomes final or, if the judgment is payable in
34installments, until 10 years after the final installment becomes due.
35(b) A judgment for the payment of money against the state or
36a state agency is not enforceable under Title 9 (commencing with
37Section 680.010) of Part 2 of the Code of Civil Procedure, but is
38enforceable under this chapter.
P73 1(c) Interest on the amount of a judgment or settlement for the
2payment of moneys against the state shall commence to accrue
3180 days from the date of the final judgment or settlement.
4(d) Unless another statute provides a different interest rate,
5interest on a tax or fee judgment for the payment of moneys against
6the state shall accrue at a rate equal to the weekly average one year
7constant maturity United States Treasury yield at the time of the
8judgment plus 2 percent, but shall not exceed 7 percent per annum.
9(e) Subdivisions (c) and (d) shall not apply to any claim
10approved by thebegin delete California Victim Compensation and Government begin insert Department of General Services.end insert
11Claims Board.end delete
begin insertSection 997.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
13to read:end insert
(a) Any person may file an application with the
15begin delete California Victim Compensation and Government Claims Boardend delete
16begin insert Department of General Servicesend insert for compensation based on
17personal property loss, personal injury, or death, including
18noneconomic loss, arising from the Bay Bridge or I-880 Cypress
19structure collapse caused by the October 17, 1989, earthquake.
20Any application made pursuant to this section shall be presented
21to thebegin delete boardend deletebegin insert
departmentend insert
no later than April 18, 1990, on forms
22prescribed and provided by thebegin delete board,end deletebegin insert department,end insert except that a
23late claim may be presented to thebegin delete boardend deletebegin insert departmentend insert pursuant to
24the procedure specified by Section 911.4. Each presented
25application shall be verified under penalty of perjury and shall
26contain all of the following information:
27(1) The name of the injured party or in the event of loss of life,
28the name and age of the decedent and the names and ages of heirs
29as defined in subdivision (b) of Section 377 of the Code of Civil
30Procedure.
31(2) An authorization permitting thebegin delete boardend deletebegin insert departmentend insert to obtain
32relevant medical and employment records.
33(3) A brief statement describing when, where, and how the
34injury or death occurred.
35(4) A statement as to whether the applicant wishes to apply for
36emergency relief provided pursuant to Section 997.2.
37(b) Upon receipt of an application, thebegin delete boardend deletebegin insert departmentend insert shall
38evaluate the
application and may require the applicant to submit
39additional information or documents that are necessary to verify
40and evaluate the application. Thebegin delete boardend deletebegin insert
departmentend insert shall resolve
P74 1an application within six months from the date of presentation of
2the application unless this period of time is extended by mutual
3agreement between thebegin delete boardend deletebegin insert departmentend insert and the applicant. Any
4application that is not resolved within this resolution period shall
5be deemed denied.
6(c) Following resolution of an application, if the applicant
7desires to pursue additional remedies otherwise provided by this
8division, the applicant shall file a court action within six months
9of the mailing date of thebegin delete board’send deletebegin insert department’send insert
rejection or denial
10of the application or the applicant’s rejection of thebegin delete board’send delete
11begin insert department’send insert 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 otherbegin delete provision ofend delete
law, resolution of
22applications pursuant to the provisions of this part is a condition
23precedent to the filing of any action for personal property loss,
24personal injury, or death resulting from the collapse of the Bay
25Bridge or the I-880 Cypress structure in any court of the State of
26California against the State of California, its agencies, officers, or
27employees. Any suit filed by an applicant in any court of this state
28against the State of California or its agencies, officers, or
29employees shall be stayed pending resolution of the application.
begin insertSection 998.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
31to read:end insert
(a) Any person or business may file an application with
33thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert for compensation based
34Boardend delete
35on personal injury, property loss, business loss, or other economic
36loss, claimed to have been incurred as a result of the Lake Davis
37Northern Pike Eradication Project. Any application made pursuant
38to this section shall be presented to thebegin delete boardend deletebegin insert departmentend insert
in
39accordance with this division. A late claim may be presented to
40thebegin delete boardend deletebegin insert departmentend insert pursuant to the procedure specified by
P75 1Section 911.4. Each application shall contain, in addition to the
2information required by 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 thebegin delete California Victim Compensation and Government begin insert Department of General Services,end insert the office of the
17Claims Board,end delete
18Attorney General or its designee shall examine the application and
19may require the applicant to submit additional information or
20documents that are necessary to verify and evaluate
the application.
21The office of the Attorney General or its designee shall attempt to
22resolve an application within six months from the effective date
23of this part unless this period of time is extended by mutual
24agreement between the office of the Attorney General or its
25designee and the applicant. Any application that does not result in
26a final settlement agreement within the resolution period shall be
27deemed denied, allowing the claimant to proceed with a court
28action pursuant to Chapter 2 (commencing with Section 945) of
29Part 4.
30(c) The office of the Attorney General or its designee shall adopt
31guidelines in consultation with one representative designated by
32the City of Portola, one representative designated by the County
33of Plumas, and one member of the public to be selected jointly by
34the city and the county. Any guidelines so developed shall be used
35to evaluate and settle claims filed pursuant to this part.
36Notwithstanding Chapter 3.5
(commencing with Section 11340)
37of Part 1 of Division 3 of Title 2, any regulations adopted
38thereunder by the Attorney General in order to implement this
39section shall not be subject to the review and approval of the Office
40of Administrative Law, nor subject to the Administrative Procedure
P76 1Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
2(commencing with Section 11370), Chapter 4.5 (commencing with
3Section 11400), and Chapter 5 (commencing with Section 11500)
4of Part 1 of Division 3 of Title 2).
5(d) Any court action following denial of an application,
6including denial pursuant to subdivision (b), shall be filed within
7six months of the mailing date of thebegin delete board’send deletebegin insert department’send insert rejection
8or denial of the application or the applicant’s rejection of
the
9begin delete board’send deletebegin insert
department’send insert offer pursuant to Section 945.6 or subdivision
10(b) of Section 998.3.
11(e) Any claim pursuant to Part 3 (commencing with Section
12900) made before or after the effective date of this part for personal
13injury, property loss, business loss, or other economic loss resulting
14from the Lake Davis Northern Pike Eradication Project against
15the State ofbegin delete California, itend deletebegin insert California or it’send insert agencies, officers, or
16employees, shall be deemed to be an application under this part
17and is subject to the provisions set forth in this part. Additionally,
18any application made pursuant to this part shall be deemed to be
19in compliance with Part 3 (commencing with Section 900).
20(f) Notwithstanding any otherbegin delete provision ofend delete
law, the resolution
21or denial of an application pursuant to this part is a condition
22precedent to the filing of any action for personal injury, property
23damage, business loss, or other economic loss, resulting from the
24Lake Davis Northern Pike Eradication Project in any court of the
25State of California, against the State ofbegin delete California, itend deletebegin insert California or
26it’send insert agencies, officers, or employees. Any suit filed by an applicant
27in any court of this state against the State of California or its
28agencies, officers, or employees shall be stayed pending resolution
29or denial of the application.
begin insertSection 1151 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
31read:end insert
State employees may authorize deductions to be made
33from their salaries or wages for payment of one or more of the
34following:
35(a) Insurance premiums or other employee benefit programs
36sponsored by a state agency under appropriate statutory authority.
37(b) Premiums on National Service Life Insurance or United
38States Government Converted Insurance.
39(c) Shares or obligations to any regularly chartered credit union.
P77 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 thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert in accordance with
8Boardend delete
9procedures established by the Controller.
10(g) Passes, tickets, or tokens issued for a period of one month,
11or more, by a public transportation system.
12(h) Deposit into an employee’s account with a state or federal
13bank or savings and loan association located in this
state, for
14services offered by that bank or savings and loan association.
15(i) The purchase of any investment or thrift certificate issued
16by an industrial loan company licensed by this state.
begin insertSection 3515.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18to read:end insert
(a) Once an employee organization is recognized as
20the exclusive representative of an appropriate unit it may enter
21into an agreement with the state employer providing for
22organizational security in the form of maintenance of membership
23or fair share fee deduction.
24(b) The state employer shall furnish the recognized employee
25organization with sufficient employment data to allow the
26organization to calculate membership fees and the appropriate fair
27share fees, and shall deduct the amount specified by the recognized
28employee organization from the salary or wages of every employee
29for the membership fee or the fair share fee. These fees shall be
30remitted monthly to the recognized employee organization along
31with an adequate
itemized record of the deductions, including, if
32required by the recognized employee organization, machine
33readable data. Fair share fee deductions shall continue until the
34effective date of a successor agreement or implementation of the
35state’s last, best, and final offer, whichever occurs first. The
36Controller shall retain, from the fair share fee deduction, an amount
37equal to the cost of administering this section. The state employer
38shall not be liable in any action by a state employee seeking
39recovery of, or damages for, improper use or calculation of fair
40share fees.
P78 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
9thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert for receipt of charitable
10Boardend delete
11contributions by payroll deductions.
12(d) A fair share fee provision in a memorandum of understanding
13that is in effect may be rescinded by a majority vote of all the
14employees in the unit covered by the memorandum of
15understanding, provided that: (1) a request for the vote is supported
16by a petition containing the signatures of at least 30 percent of the
17employees in the unit; (2) the vote is by secret ballot; and (3) the
18vote may be taken at any time during the term of the memorandum
19of understanding, but in
no event shall there be more than one vote
20taken during the term. If thebegin delete boardend deletebegin insert
Department of General Servicesend insert
21 determines that the appropriate number of signatures have been
22collected, it shall conduct the vote in a manner that it shall
23prescribe. Notwithstanding this subdivision, the state employer
24and the recognized employee organization may negotiate, and by
25mutual agreement provide for, an alternative procedure or
26procedures regarding a vote on a fair share fee provision.
27(e) Every recognized employee organization that has agreed to
28a fair share fee provision shall keep an adequate itemized record
29of its financial transactions and shall make available annually, to
30thebegin delete boardend deletebegin insert Department of General Servicesend insert and to the employees
31in the unit, within 90 days after the end of its fiscal year, a
detailed
32written financial report thereof in the form of a balance sheet and
33an operating statement, certified as to accuracy by its president
34and treasurer or comparable officers. In the event of failure of
35compliance with this section, any employee in the unit may petition
36thebegin delete boardend deletebegin insert Department of General Servicesend insert for an order compelling
37this compliance, or thebegin delete boardend deletebegin insert Department of General Servicesend insert may
38issue a compliance order on its own motion.
39(f) If an employee who holds conscientious objections pursuant
40to subdivision (c) requests individual representation in a
grievance,
P79 1arbitration, or administrative hearing from the recognized employee
2organization, the recognized employee organization is authorized
3to charge the employee for the reasonable cost of the representation.
4(g) An employee who pays a fair share fee shall be entitled to
5fair and impartial representation by the recognized employee
6organization. A breach of this duty shall be deemed to have
7occurred if the employee organization’s conduct in representation
8is arbitrary, discriminatory, or in bad faith.
begin insertSection 6254.17 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert
(a) Nothing in this chapter shall be construed to
12require disclosure of records of the California Victim
13Compensationbegin delete and Government Claimsend delete Board that relate to a
14request for assistance under Article 1 (commencing with Section
1513950) of Chapter 5 of Part 4 of Division 3 of Title 2.
16(b) This section shall not apply to a disclosure of the following
17information, if no information is disclosed that connects the
18information to a specific victim, derivative victim, or applicant
19under Article 1 (commencing with Section 13950) of Chapter 5
20of Part 4 of Division 3 of Title 2:
21(1) The amount of money paid to a specific provider of services.
22(2) Summary data concerning the types of crimes for which
23assistance is provided.
begin insertSection 6276.08 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
25to read:end insert
Cable television subscriber information,
27confidentiality of, Section 637.5, Penal Code.
28CalFresh, disclosure of information, Section 18909, Welfare and
29Institutions Code.
30California AIDS Program, personal data, confidentiality, Section
31120820, Health and Safety Code.
32California Apple Commission, confidentiality of lists of persons,
33Section 75598, Food and Agricultural Code.
34California Apple Commission, confidentiality of proprietary
35information from producers or handlers, Section 75633, Food and
36Agricultural Code.
37California Asparagus Commission, confidentiality of lists of
38producers, Section 78262, Food and Agricultural Code.
P80 1California Asparagus Commission, confidentiality of proprietary
2information from producers, Section 78288, Food and Agricultural
3Code.
4California Avocado Commission, confidentiality of information
5from handlers, Section 67094, Food and Agricultural Code.
6California Avocado Commission, confidentiality of proprietary
7information from handlers, Section 67104, Food and Agricultural
8Code.
9California Cherry Commission, confidentiality of proprietary
10information from producers, processors, shippers, or
11grower-handlers, Section 76144, Food and Agricultural Code.
12California Children’s Services Program, confidentiality of factor
13replacement therapy contracts, Section 123853, Health and Safety
14Code.
15California Cut Flower Commission, confidentiality of lists of
16
producers, Section 77963, Food and Agricultural Code.
17California Cut Flower Commission, confidentiality of proprietary
18information from producers, Section 77988, Food and Agricultural
19Code.
20California Date Commission, confidentiality of proprietary
21information from producers and grower-handlers, Section 77843,
22Food and Agricultural Code.
23California Egg Commission, confidentiality of proprietary
24information from handlers or distributors, Section 75134, Food
25and Agricultural Code.
26California Forest Products Commission, confidentiality of lists
27of persons, Section 77589, Food and Agricultural Code.
28California Forest Products Commission, confidentiality of
29proprietary information from producers, Section 77624, Food and
30Agricultural Code.
31California Iceberg
Lettuce Commission, confidentiality of
32information from handlers, Section 66624, Food and Agricultural
33Code.
34California Kiwifruit Commission, confidentiality of proprietary
35information from producers or handlers, Section 68104, Food and
36Agricultural Code.
37California Navel Orange Commission, confidentiality of
38proprietary information from producers or handlers and lists of
39producers and handlers, Section 73257, Food and Agricultural
40Code.
P81 1California Pepper Commission, confidentiality of lists of
2producers and handlers, Section 77298, Food and Agricultural
3Code.
4California Pepper Commission, confidentiality of proprietary
5information from producers or handlers, Section 77334, Food and
6Agricultural Code.
7California Pistachio Commission, confidentiality of proprietary
8information from producers or
processors, Section 69045, Food
9and Agricultural Code.
10California Salmon Commission, confidentiality of fee
11transactions records, Section 76901.5, Food and Agricultural Code.
12California Salmon Commission, confidentiality of request for
13list of commercial salmon vessel operators, Section 76950, Food
14and Agricultural Code.
15California Seafood Council, confidentiality of fee transaction
16records, Section 78553, Food and Agricultural Code.
17California Seafood Council, confidentiality of information on
18volume of fish landed, Section 78575, Food and Agricultural Code.
19California Sheep Commission, confidentiality of proprietary
20information from producers or handlers and lists of producers,
21Section 76343, Food and Agricultural Code.
22California State University
contract law, bids, questionnaires
23and financial statements, Section 10763, Public Contract Code.
24California State University Investigation of Reported Improper
25Governmental Activities Act, confidentiality of investigative audits
26completed pursuant to the act, Section 89574, Education Code.
27California Table Grape Commission, confidentiality of
28information from shippers, Section 65603, Food and Agricultural
29Code.
30California Tomato Commission, confidentiality of lists of
31producers, handlers, and others, Section 78679, Food and
32Agricultural Code.
33California Tomato Commission, confidentiality of proprietary
34information, Section 78704, Food and Agricultural Code.
35California Tourism Marketing Act, confidentiality of information
36pertaining to businesses paying the assessment under the act,
37Section
13995.54.
38California Victim Compensationbegin delete and Government Claimsend delete Board,
39disclosure not required of records relating to assistance requests
P82 1under Article 1 (commencing with Section 13950) of Chapter 5
2of Part 4 of Division 3 of Title 2, Section 6254.17.
3California Walnut Commission, confidentiality of lists of
4producers, Section 77101, Food and Agricultural Code.
5California Walnut Commission, confidentiality of proprietary
6information from producers or handlers, Section 77154, Food and
7Agricultural Code.
8California Wheat Commission, confidentiality of proprietary
9information from handlers and lists of producers, Section 72104,
10Food and Agricultural Code.
11California Wheat Commission, confidentiality of requests for
12
assessment refund, Section 72109, Food and Agricultural Code.
13California Wine Commission, confidentiality of proprietary
14information from producers or vintners, Section 74655, Food and
15Agricultural Code.
16California Wine Grape Commission, confidentiality of
17proprietary information from producers and vintners, Section
1874955, Food and Agricultural Code.
begin insertSection 7599.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
20to read:end insert
Distribution of Moneys from the Safe Neighborhoods
22and Schools Fund.
23(a) By August 15 of each fiscal year beginning in 2016, the
24Controller shall disburse moneys deposited in the Safe
25Neighborhoods and Schools Fund as follows:
26(1) Twenty-five percent to the State Department of Education,
27to administer a grant program to public agencies aimed at
28improving outcomes for public school pupils in kindergarten and
29grades 1 to 12, inclusive, by reducing truancy and supporting
30students who are at risk of dropping out of school or are victims
31of crime.
32(2) Ten percent to the California Victim Compensationbegin delete and
Board, to make grants to trauma recovery
33Government Claimsend delete
34centers to provide services to victims of crime pursuant to Section
3513963.1 of the Government Code.
36(3) Sixty-five percent to the Board of State and Community
37Corrections, to administer a grant program to public agencies aimed
38at supporting mental health treatment, substance abuse treatment,
39and diversion programs for people in the criminal justice system,
40with an emphasis on programs that reduce recidivism of people
P83 1convicted of less serious crimes, such as those covered by this
2measure, and those who have substance abuse and mental health
3problems.
4(b) For each program set forth in paragraphs (1) to (3), inclusive,
5of subdivision (a), the agency responsible for administering the
6programs shall not spend more than 5 percent of the total funds it
7receives from the Safe Neighborhoods and Schools Fund on an
8annual basis for
administrative costs.
9(c) Every two years, the Controller shall conduct an audit of the
10grant programs operated by the agencies specified in paragraphs
11(1) to (3), inclusive, of subdivision (a) to ensure the funds are
12disbursed and expended solely according to this chapter and shall
13report his or her findings to the Legislature and the public.
14(d) Any costs incurred by the Controller and the Director of
15Finance in connection with the administration of the Safe
16Neighborhoods and Schools Fund, including the costs of the
17calculation required by Section 7599.1 and the audit required by
18subdivision (c), as determined by the Director of Finance, shall be
19deducted from the Safe Neighborhoods and Schools Fund before
20the funds are disbursed pursuant to subdivision (a).
21(e) The funding established pursuant to this act shall be
used to
22expand programs for public school pupils in kindergarten and
23grades 1 to 12, inclusive, victims of crime, and mental health and
24substance abuse treatment and diversion programs for people in
25the criminal justice system. These funds shall not be used to
26supplant existing state or local funds utilized for these purposes.
27(f) Local agencies shall not be obligated to provide programs
28or levels of service described in this chapter above the level for
29which funding has been provided.
begin insertSection 8652 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
31read:end insert
Before payment may be made by the state to any person
33in reimbursement for taking or damaging private property
34necessarily utilized by the Governor in carrying out his or her
35responsibilities under this chapter during a state of war emergency
36or state of emergency, or for services rendered at the instance of
37the Governor under those conditions, the person shall present a
38claim to thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert in accordance with
39Claims Boardend delete
40the provisions of the Government Code governing the presentation
P84 1of claims against the state for the taking or damaging of private
2
property for public use, which provisions shall govern the
3presentment, allowance, or rejection of the claims and the
4conditions upon which suit may be brought against the state.
5Payment for property or services shall be made from any funds
6appropriated by the state for that purpose.
begin insertSection 8902 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
8read:end insert
During those times that a Member of the Legislature is
10required to be in Sacramento to attend a session of the Legislature
11and during those times that a member is traveling to and from, or
12is in attendance at, any meeting of a committee of which he or she
13is a member or is attending to any other legislative function or
14responsibility as authorized or directed by the rules of the house
15of which he or she is a member or by the joint rules, he or she shall
16be entitled to reimbursement of his or her living expenses at a rate
17established by thebegin delete California Victim Compensation and begin insert Department of General Servicesend insert
that
18Government Claims Boardend delete
19is not less than the rate provided to federal employees traveling to
20Sacramento.
begin insertArticle 5.2 (commencing with Section 9112) is added
22to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the end insertbegin insertGovernment
23Codeend insertbegin insert, to read:end insert
24
(a) Notwithstanding any other law, including Section
289108, the Joint Rules Committee may pursue the construction of
29a state capitol building annex or the restoration, rehabilitation,
30renovation, or reconstruction of the State Capitol Building Annex
31described in Section 9105.
32
(b) (1) All work performed pursuant to this article shall be
33administered and supervised by the Department of General
34Services, subject to review by the State Public Works Board,
35pursuant to an agreement with the Joint Rules Committee.
36
(2) The Department of General Services shall report to the Joint
37Rules Committee on the scope, budget, delivery method, and
38schedule for any space to be
constructed, restored, rehabilitated,
39renovated, or reconstructed pursuant to this article.
P85 1
(c) (1) Notwithstanding any other law, any action or proceeding
2alleging that a public agency has approved or is undertaking work
3pursuant to this article in violation of the California Environmental
4Quality Act (Division 13 (commencing with Section 21000) of the
5Public Resources Code) shall be subject to Chapter 6.7
6(commencing with Section 21189.50) of Division 13 of the Public
7Resources Code.
8
(2) The State Public Works Board shall not be deemed a lead
9or responsible agency for purposes of the California Environmental
10Quality Act (Division 13 (commencing with Section 21000) of the
11Public Resources Code) for any activities under this article. This
12section is declarative of existing law.
13
(d) Notwithstanding any other law, all work performed pursuant
14to this article by the Department of General Services shall be
15exempt from the State Contract Act (Chapter 1 (commencing with
16Section 10100) of Part 2 of Division 2 of the Public Contract
17Code).
18
(e) Prevailing wages shall be paid to all workers employed on
19a project that is subject to this article, in accordance with Article
202 (commencing with Section 1770) of Chapter 1 of Part 7 of
21Division 2 of the Labor Code.
begin insertSection 11007.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert
Any state agency may, subject to rules and regulations
25of thebegin delete California Victim Compensation and Government Claims begin insert Department of General Services,end insert insure its officers and
26Board,end delete
27employees not covered by Part 2.6 (commencing with Section
2819815) of Division 5 against injury or death incurred while flying
29on state business in any, except regularly scheduled, passenger
30aircraft.
begin insertSection 11014 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32to read:end insert
(a) In exercising the powers and duties granted to and
34imposed upon it, any state agency may construct and maintain
35communication lines as may be necessary.
36(b) In providing communications and necessary powerlines in
37connection with activities under subdivision (a), the agency, with
38the approval of the Department of General Services, may enter
39into contracts with owners of similar facilities for use of their
40facilities, such as pole lines, and provisions may be made for
P86 1indemnification and holding harmless of the owners of those
2facilities by reason of this use. Insurance may be purchased by the
3Department of General Services, upon request of the agency, to
4protect the state against loss or expense arising out of the
contract.
5(c) Any claim for damages arising against the state under this
6section shall be presented to thebegin delete California Victim Compensation begin insert Department of General Servicesend insert
7and Government Claims Boardend delete
8 in accordance with Sections 905.2 and 945.4, and if not covered
9by insurance as provided under subdivision (b), the claim shall be
10payable only out of funds appropriated by the Legislature for this
11purpose. If the state elects to insure its liability under this section,
12thebegin delete California Victim Compensation and Government Claims begin insert Department of General Servicesend insert may
automatically deny
13Boardend delete
14that claim.
begin insertSection 11030.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert
When a state employee not covered by Part 2.6
18(commencing with Section 19815) of Division 5 dies while
19traveling on official state business, the state shall, under rules and
20regulations adopted by thebegin delete California Victim Compensation and begin insert Department of General Services,end insert pay
21Government Claims Board,end delete
22the traveling expenses necessary to return the body to his or her
23official headquarters or the place of burial. This subdivision shall
24not be construed to authorize the payment of the traveling expenses,
25either going or returning, of one accompanying that body.
begin insertSection 11030.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert
Any state officer or employee not covered by Part
292.6 (commencing with Section 19815) of Division 5 when working
30overtime at his or her headquarters on state business may receive
31his or her actual and necessary expenses, during his or her regular
32workweek, subject to rules and regulations adopted by the
33begin delete California Victim Compensation and Government Claims Boardend delete
34begin insert Department of General Servicesend insert limiting the amount of the
35expenses and prescribing the conditions under which the expenses
36may be paid. However, each state agency may determine the
37necessity for and limit these expenses of its employees in a manner
38that does
not conflict with and is within the limitations prescribed
39by thebegin delete California Victim Compensation and Government Claims begin insert Department of General Services.end insert
40Board.end delete
begin insertSection 11031 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
The headquarters of elective constitutional officers,
4other than Members of the Legislature, shall be established by the
5filing of a written statement with thebegin delete California Victim begin insert Department of
6Compensation and Government Claims Boardend delete
7General Servicesend insert that certifies that the selected headquarters is the
8place where the officer spends the largest portion of his or her
9regular workdays or working time.
begin insertSection 11125.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
11to read:end insert
(a) Except as otherwise provided in this section, the
13state body shall provide an opportunity for members of the public
14to directly address the state body on each agenda item before or
15during the state body’s discussion or consideration of the item.
16This section is not applicable if the agenda item has already been
17considered by a committee composed exclusively of members of
18the state body at a public meeting where interested members of
19the public were afforded the opportunity to address the committee
20on the item, before or during the committee’s consideration of the
21item, unless the item has been substantially changed since the
22committee heard the item, as determined by the state body. Every
23notice for a special meeting at which action is proposed to be taken
24on an item shall provide an opportunity for members of the
public
25to directly address the state body concerning that item prior to
26action on the item. In addition, the notice requirement of Section
2711125 shall not preclude the acceptance of testimony at meetings,
28other than emergency meetings, from members of the public if no
29action is taken by the state body at the same meeting on matters
30brought before the body by members of the public.
31(b) The state body may adopt reasonable regulations to ensure
32that the intent of subdivision (a) is carried out, including, but not
33limited to, regulations limiting the total amount of time allocated
34for public comment on particular issues and for each individual
35speaker.
36(c) (1) Notwithstanding subdivision (b), when a state body
37limits time for public comment the state body shall provide at least
38twice the allotted time to a member of the public who utilizes a
39translator to ensure
that non-English speakers receive the same
40opportunity to directly address the state body.
P88 1(2) Paragraph (1) shall not apply if the state body utilizes
2simultaneous translation equipment in a manner that allows the
3state body to hear the translated public testimony simultaneously.
4(d) The state body shall not prohibit public criticism of the
5policies, programs, or services of the state body, or of the acts or
6omissions of the state body. Nothing in this subdivision shall confer
7any privilege or protection for expression beyond that otherwise
8provided by law.
9(e) This section is not applicable to closed sessions held pursuant
10to Section 11126.
11(f) This section is not applicable to decisions regarding
12proceedings held pursuant to Chapter 5 (commencing
with Section
1311500), relating to administrative adjudication, or to the conduct
14of those proceedings.
15(g) This section is not applicable to hearings conducted by the
16California Victim Compensationbegin delete and Government Claimsend delete
Board
17pursuant to Sections 13963 and 13963.1.
18(h) This section is not applicable to agenda items that involve
19decisions of the Public Utilities Commission regarding adjudicatory
20hearings held pursuant to Chapter 9 (commencing with Section
211701) of Part 1 of Division 1 of the Public Utilities Code. For all
22other agenda items, the commission shall provide members of the
23public, other than those who have already participated in the
24proceedings underlying the agenda item, an opportunity to directly
25address the commission before or during the commission’s
26consideration of the item.
begin insertSection 11125.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert
(a) Notwithstanding Section 11131.5, in any hearing
30that the California Victim Compensationbegin delete and Government Claimsend delete
31 Board conducts pursuant to Section 13963.1 and that the applicant
32or applicant’s representative does not request be open to the public,
33no notice, agenda, announcement, or report required under this
34article need identify the applicant.
35(b) In any hearing that the board conducts pursuant to Section
3613963.1 and that the applicant or applicant’s representative does
37not request be open to the public, the board shall disclose that the
38hearing is being held pursuant to Section 13963.1. That disclosure
39shall be deemed to satisfy the
requirements of subdivision (a) of
40Section 11126.3.
begin insertSection 11270 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
As used in this article, “administrative costs” means
4the amounts expended by the Legislature, the Legislative Counsel
5Bureau, the Governor’s Office, the Department of Technology,
6the Office of Planning and Research, the Department of Justice,
7the State Controller’s Office, the State Treasurer’s Office, the State
8Personnel Board, the Department of Finance, thebegin insert Department ofend insert
9 Financial Information System for California, the Office of
10Administrative Law, the Department of Human Resources, the
11Secretary of California Health and Human Services, the California
12State Auditor’s Office, and the California State Library, and a
13proration of any other cost to or expense of the state for services
14or facilities provided for the Legislature and the above
agencies,
15for supervision or administration of the state government or for
16services to other state agencies.
begin insertSection 11270.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18to read:end insert
(a) The Central Service Cost Recovery Fund is hereby
20created in the State Treasury. The Central Service Cost Recovery
21Fund shall consist of those amounts transferred in accordance with
22Section 11274, and any interest earnings. Money in the Central
23Service Cost Recovery Fund shall be appropriated for the
24administration of the state government, as determined or
25redetermined by thebegin delete Directorend deletebegin insert Departmentend insert of Finance in accordance
26with this article and Sections 13332.02 and 13332.03.
27(b) Unless otherwise authorized by law, moneys in the
Central
28Service Cost Recovery Fund, to the extent not currently required
29to fund any appropriation, shall not be used, loaned, borrowed,
30assessed, allocated, or transferred unless approved by thebegin delete Directorend delete
31begin insert Departmentend insert of Finance, except for cashflow borrowing by the
32General Fund pursuant to Section 16310. The Controller shall
33transfer the unexpended balance of those moneys in the Central
34Service Cost Recovery Fund to the General Fund as determined
35or redetermined by thebegin delete Directorend deletebegin insert Departmentend insert of Finance.
begin insertSection 11274 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
37to read:end insert
begin delete(a)end deletebegin delete end deletebegin insertNotwithstanding any other law, the Department of
39Finance may allocate and charge a fair share of the administrative
40costs to all funds directly. end insertThe Department of Finance shall certify
P90 1begin delete annuallyend delete to the Controller the amount determined to be the fair
2share of administrative costs due and payable from each statebegin delete3 agency and shall certify forthwith to the Controller any amount
4redetermined to be the fair share of administrative costs due and
5payable from any state agency. The Controller shall forthwith
6transmit to each state agency from which administrative costs have
7been determined or redetermined to be due, a statement in writing
8setting forth the amount of the administrative
costs due from the
9state agency, and stating that, unless a written request to defer
10payment thereof is filed by the state agency with the Controller
11within 30 days after the mailing of the statement by the Controller
12to the state agency,end delete
13during the year, may direct the Controller to advance a reasonable
14amount for administrative costs from a fund designated in
15accordance with Section 11271. Upon order of the Department of
16Finance of the timing and the amounts to be transferred,end insert the
17Controllerbegin delete willend deletebegin insert shallend insert transfer the amount of the administrative costs
18frombegin delete theend delete specialbegin delete fund orend deletebegin insert
and nongovernmental costend insert
funds
19begin delete chargeable therewithend delete to the Central Service Cost Recovery Fund
20or the Generalbegin delete Fund, in accordance with subdivision (b). The begin insert Fund.end insert
21Controller shall specify on the statement the special fund
22appropriations to be charged at the time transfers are made covering
23the administrative costs.end delete
24(b) The Controller shall transfer one-fourth of the amount
25determined or redetermined, in accordance with subdivision (a),
26on August 15, November 15, February 15, and May 15 of each
27fiscal year, unless revised by the Department of Finance. The
28transfers made pursuant to this section and Section 13332.03 shall
29first be made to the Central
Service Cost Recovery Fund until the
30total amount transferred equals the sum of the total amount
31determined or redetermined in accordance with subdivision (a)
32and the total amount to be recovered from the federal government
33pursuant to Section 13332.02 as determined by the Department of
34Finance. All subsequent transfers for that fiscal year shall then be
35made to the General Fund.
begin insertSection 11275 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
37to read:end insert
begin deleteIf, upon receipt of the statement provided in Section begin insert In
3911274, the state agency does not have funds available by lawend delete
40the event a fund has an insufficient fund balanceend insert for the payment
P91 1of the administrative costs,begin delete or if it has any other reason why the
2payment of those costs should not be made at the time specified
3on the statement, the state agency shall, prior to the expiration of
4the 30-day period referred to in the statement, file with the
5Controller, in duplicate, a written request to defer payment of those
6administrative costs, which request shall set forth the reasons why
7that payment should be deferred.
Upon receipt of any request filed
8because of lack of availability of funds, the Controller shall
9forthwith transmit one copy of that request to the Department of
10Finance and shall defer action to effect the transfer of funds
11covering the administrative costs referred to in the request until
12the transfer has been approved by the Director of Finance. The
13Department of Finance shall notify the Controller of the approval
14of the deferral request. Upon receipt of any request filed because
15of any reason other than lack of availability of funds, the Controller
16shall forthwith transmit one copy of that request to the California
17Victim Compensation and Government Claims Board and shall
18defer action to effect the transfer of funds until that transfer has
19been approved by the California Victim Compensation and
20Government Claims Board.end delete
21Department of Finance provide direction on effecting the
transfer
22and its timing.end insert
begin insertSection 11276 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert
The Department of Finance may certify at any time
25during the year to the Controller any amount as it determines,
26based upon experience of the preceding year, to be a reasonable
27advance for administrative costs to be made from the appropriation
28of each state agency supported from a fund, designated in
29accordance with Section 11271. The Controller shall forthwith
30transmit to each of these state agencies a statement in writing
31setting forth the amount of the advance and stating that unless a
32written request to defer payment thereof because of lack of
33
availability of funds is filed by the state agency with the
34Department of Finance within 30 days after the mailing of the
35statement by the Controller to the state agency, the Controller will
36transfer the amount of the advance from the special fund or funds
37concerned to the Central Service Cost Recovery Fund or the
38General Fund in accordance with subdivision (b) of Section 11274.
39The Controller shall specify on the statement the special fund
40appropriation to be charged.
begin insertSection 11277 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert
If, upon receipt of the statement provided in Section
311276, the state agency does not have funds available by law for
4the payment of the advance, the state agency shall, prior to the
5expiration of the 30-day period referred to in that statement, file
6with the Controller, in duplicate, a written request to defer payment
7of the advance. Upon receipt of such a request, the Controller shall
8forthwith transmit one copy of that request to the Department of
9Finance and shall defer action to effect the transfer of funds
10covering the advance referred to in the
request until the transfer
11has been approved by the Director of Finance. Any advance made
12under this article shall be applied against the state agency’s fair
13share of administrative costs determined or redetermined as
14provided in Section 11274 and Section 11275. If the amount
15advanced exceeds the state agency’s fair share of administrative
16costs, the Controller shall transfer from the Central Service Cost
17Recovery Fund or the General Fund, as applicable, to the special
18fund appropriation the excess amount advanced as directed by the
19Department of Finance.
begin insertSection 11852 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert
For purposes of this chapter, the following terms shall
23have the following meanings:
24(a) “Approved FISCal Project documents” means any Special
25Project Report approved by the Department of Technology, or its
26successor agency, for the FISCal, as may be amended, augmented,
27or changed by any subsequent approved Special Project Report or
28legislative action.
29(b) “Cost or costs of thebegin delete FISCalend delete system” means all costs related
30to the acquisition, design, development, installation,begin delete andend delete
31 deployment,begin delete maintenance, operation, and enhancementend deletebegin insert
and other
32related costsend insert of the system, including, but not limited to, software,
33hardware, licenses, upgrades, training, facilities, contractors, and
34staff.
35(c) “Cost allocation plan” means the plan described in Section
3611874.
37
(d) “Department” means the Department of FISCal established
38pursuant to Section 11890.
39
(e) “Director” means the Director of FISCal appointed pursuant
40to Section 11894.
P93 1(d)
end delete
2begin insert(f)end insert “FISCal” means the Financial Information System for
3California.
4
(g) “FISCal Consolidated Payment Fund” means the fund
5created pursuant to subdivision (a) of Section 11872.
6(e)
end delete
7begin insert(h)end insert “FISCal Internal Services Fund” means the fund created
8pursuant to Section 11870.
9(f) “FISCal Service Center” means the entity created pursuant
10to Section 11890.
11(g)
end delete
12begin insert(i)end insert “Interface” means to communicate or interoperate with the
13begin delete FISCalend delete system.
14(h)
end delete15begin insert(j)end insert “Office” means the FISCal project office.
begin insert
16
(k) “Partner agencies” means the Department of Finance, the
17Controller, the Department of General Services, and the Treasurer.
18(i)
end delete
19begin insert(l)end insert “State departments and agencies” means all state offices,
20officers, departments, divisions, bureaus, boards, commissions,
21organizations, or agencies, claims against which are paid by
22warrants drawn by the Controller, and whose financial activities
23are reported in the annual financial statement of the state or are
24included in the annual Governor’s Budget, including, but not
25limited to, the California State University, the University of
26California, the legislative branch, and the judicial branch.
27(j)
end delete
28begin insert(m)end insert “System”begin delete or “FISCal system”end delete
means a single integrated
29financial management system for the state that encompasses the
30management of resources and dollars as described in the approved
31FISCal Project documents and includes the information required
32by Section 11862.
begin insertSection 11854 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert
The Legislature intends that thebegin delete FISCalend delete system meet
36all of the following objectives:
37(a) Replace the state’s aging legacy financial management
38systems and eliminate fragmented and diverse reporting by
39implementing standardized financial management processes and
40systems across all departments and control agencies. For purposes
P94 1of this subdivision, “financial management” means accounting,
2budgeting, cash management, asset accounting, vendor
3management, and procurement.
4(b) Increase competition by promoting business opportunities
5through the use of electronic bidding, online vendor interaction,
6and automated vendor functions.
7(c) Maintain a central source for financial management data to
8reduce the time and expense of vendors, departments, and agencies
9collecting, maintaining, and reconciling redundant data.
10(d) Increase investment returns through timely and accurate
11monitoring of cash balances,begin delete cashflowend deletebegin insert cash flowend insert forecasting, and
12timing of receipts and disbursements.
13(e) Improve fiscal controls and support betterbegin delete decisionmakingend delete
14begin insert decision makingend insert by state managers
and the Legislature by
15enhancing the quality, timeliness, consistency, and accessibility
16of financial management information through the use of powerful
17data access tools, standardized data, and financial management
18reports.
19(f) Improve access and transparency of California’s financial
20management information allowing the implementation of increased
21auditing, compliance reporting, and fiscal accountability while
22sharing information between the public, the Legislature, external
23stakeholders, state, federal, and local agencies.
24(g) Automate manual processes by providing the ability to
25electronically receive and submit financial management documents
26and data between agencies, departments, banks, vendors, and other
27government entities.
28(h) Provide online access to financial management information
29resulting in a reduction
of payment or approval inquiries, or both.
30(i) Improve the state’s ability to preserve, access, and analyze
31historical financial management information to reduce the workload
32required to research and prepare this information.
33(j) Enable the state to more quickly implement, track, and report
34on changes to financial management processes and systems to
35accommodate new information such as statutory changes and
36performance information.
37(k) Reduce the time, workload, and costs associated with
38capturing and projecting revenues, expenditures, and program
39needs for multiple years and scenarios, and for tracking, reporting,
40and responding to legislative actions.
P95 1(l) Track purchase volumes and costs by vendor and commodity
2code or service code to increase
strategic sourcing opportunities,
3reduce purchase prices, and capture total state spending data.
4(m) Reduce procurement cycle time by automating purchasing
5authority limits and approval dependencies, and easing access to
6goods and services available from existing sources, including, but
7not limited to, using leveraged procurement agreements.
8(n) Streamline the accounts receivable collections process and
9allow for offset capability which will provide the ability for
10increased cash collection.
11(o) Streamline the payment process and allow for faster vendor
12payments that will reduce late payment penalty fees paid by the
13state.
14(p) Improve role-based security and workflow authorization by
15capturing near real-time data from the state’s human resources
16system
of record.
17(q) Implement a stable and secure information technology
18infrastructure.
begin insertSection 11860 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
20to read:end insert
(a) To serve the best interest of the state by optimizing
22the financial business management of the state, thebegin delete Department of begin insert partner agenciesend insert shall collaboratively develop,
23Finance, the Controller, the Treasurer, and the Department of
24General Servicesend delete
25implement,begin delete utilize,end deletebegin insert and utilize the systemend insert andbegin insert assist the department
26toend insert maintain thebegin delete FISCalend delete
system. This effort will ensure best business
27practices by embracing opportunities to reengineer the state’s
28business processes and will encompass the management of
29resources and funds in the areas of budgeting, accounting,
30procurement, cash management, financial management, financial
31reporting, cost accounting, asset accounting, project accounting,
32and grant accounting.
33(b) begin delete(1)end deletebegin delete end deletebegin deleteAll state end deletebegin insertState end insertdepartments and agencies shall use the
34begin delete FISCalend delete system, or, upon approval from the office, a department
35or agency shall be permitted to interface itsbegin insert
departmentalend insert system
36with thebegin delete FISCalend delete system. Thebegin delete FISCalend delete system is intended to replace
37any existing central or departmental systems duplicative of the
38functionality of thebegin delete FISCalend delete system.
39(2) The FISCal
system shall first be developed and implemented
40with a select number of state departments and agencies, as selected
P96 1by the office. Once the FISCal system has developed end-to-end
2processes that meet the financial management needs of the state
3and has been determined by the office to be effective, operationally
4efficient, and secure, the FISCal system shall be further
5implemented, in phases, as more fully described in the approved
6FISCal project documents, at all remaining state departments and
7agencies.
begin insertSection 11862 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert
(a) In addition to the requirements set forth in the
11approved FISCal project documents, thebegin delete FISCalend delete system shall
12include a statebegin delete budgetend delete transparency component that allows the
13public to have information regarding General Fund and federal
14fund expenditure data, using an Internet Webbegin delete site, by including all begin insert site.end insert
15of the following information for each General Fund and federal
16fund expenditure:end delete
17(1) The name and principal location of each entity or other
18recipient of the funds.
19(2) The amount of expenditure.
end delete20(3) The type of transaction.
end delete
21(4) The identity of the state department or agency making the
22expenditure.
23(5) The budget program source for the expenditure.
end delete24(6) A brief description of the purpose for the expenditure.
end delete
25(7) A brief description of any item purchased pursuant to the
26expenditure.
27(b) This section shall not require the disclosure of information
28deemed confidential or otherwise exempt from disclosure under
29state or federal law.
begin insertSection 11864 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
31to read:end insert
(a) Throughout the development of thebegin delete FISCalend delete system,
33the California State Auditor’s Office shall independently monitor
34thebegin delete FISCalend delete system as the California State Auditor deems
35appropriate. The California State Auditor’s Office independent
36monitoring of thebegin delete FISCalend delete system shall include, but not be limited
37to, all of the following:
38(1) Monitoring the contract for independent project oversight
39and independent verification and validation services relating to
40thebegin delete FISCalend delete
system.
P97 1(2) Assessing whether concerns about thebegin delete FISCal projectend deletebegin insert systemend insert
2 raised by the independent project oversight and independent
3verification and validation services are being addressed by the
4office and the steering committee of the office.
5(3) Assessing whether thebegin delete FISCalend delete system is progressing timely
6and within its budget.
7(b) The California State Auditor’s Office shall report, at a
8minimum, on or before January 10 of each year, on thebegin delete FISCalend delete
9
system activities that the California State Auditor’s Office deems
10appropriate to monitor pursuant to this section in a manner
11consistent with Chapter 6.5 (commencing with Section 8543) of
12Division 1.
13(c) This section shall not supersede or compromise the
14Department of Technology’s oversight authority and
15responsibilities with respect to thebegin delete FISCalend delete system.
16
(d) This section shall remain operative until the completion of
17the system, as specified in paragraph (2) of subdivision (a) of
18Section 11890, and thereafter shall be inoperative.
begin insertSection 11870 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
20to read:end insert
The FISCal Internal Services Fund continues in
22existence in the State Treasury to pay the costs of development,
23implementation,begin delete operations, and maintenanceend deletebegin insert and other approved
24costsend insert of thebegin delete FISCal System.end deletebegin insert system.end insert All assets, liabilities, and
25surplus shall remain in the FISCal Internal Services Fund. The
26Department of Finance shall make the final determination of the
27budgetary and accounting transactions that are required to carry
28out this section. Accounts and subaccounts
may be created within
29the FISCal Internal Services Fund as needed. Moneys in the FISCal
30Internal Services Fund, and its accounts and subaccounts, are
31available forbegin delete cashflowend deletebegin insert cash flowend insert borrowing by the General Fund
32pursuant to Section 16310.
begin insertSection 11872 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert
(a) The FISCal Consolidated Payment Fund is created
36in the State Treasury for the purpose of allowing the Controller to
37issue consolidated payments, excluding payroll, to any payee, of
38costs that are chargeable to appropriations made from other funds
39in the State Treasury, thereby allowing for efficient processing
40through thebegin delete FISCalend delete system of payments.
P98 1(b) The amounts to be disbursed from the FISCal Consolidated
2Payment Fund shall be transferred by the Controller, from the
3funds and appropriations otherwise chargeable therewith, to the
4FISCal Consolidated Payment Fund prior to the time of
5disbursement. All amounts in the FISCal Consolidated Payment
6Fund that are derived from
abatements, refunds of amounts
7disbursed, returned warrants, or the cancellation of warrants issued
8from the FISCal Consolidated Payment Fund shall be returned by
9the Controller to the funds and appropriations from which the
10amounts were originally transferred.
begin insertSection 11874 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert
(a) Thebegin delete office,end deletebegin insert department,end insert subject to the approval of
14the Department of Finance, shall establish and assess fees and a
15payment schedule for state departments and agencies tobegin delete use or begin insert pay for the design, development, and
16interface with the FISCalend delete
17implementation of theend insert system. The feesbegin delete shall recover the costs of
shall
18the FISCal system, including, but not limited to, the ongoing
19maintenance and operation costs of the FISCal system andend delete
20be deposited in the FISCal Internal Services Fund.begin delete The fees shall
21be based on an interim cost allocation plan until statistically valid
22usage data is available.end delete
23(b) Thebegin delete officeend deletebegin insert departmentend insert shall submit the cost allocation plan,
24including the methodology used to develop fees, to the Department
25of Finance during the state’s annual budget development processes
26for review and approval. The office shall submit any proposed
27changes in fees or methodology to the Department of Finance
28concurrently with budget requests.
begin insertSection 11880 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert
(a) The office andbegin delete the FISCal Service Centerend delete
32begin insert departmentend insert shall require fingerprint images and associated
33information from any employee, prospective employee, contractor,
34subcontractor, volunteer, vendor, and partner agency employee
35assigned to either the office or thebegin delete FISCal Service Centerend delete
36begin insert departmentend insert whose duties include, or would include, having access
37to confidential or sensitive information or data on the network or
38computing infrastructure.
39(b) The fingerprint images and associated information described
40in subdivision (a) shall be furnished to the Department of Justice
P99 1for the purpose of obtaining information as to the existence and
2nature of any of the following:
3(1) A record of state or federal convictions and the existence
4and nature of state or federal arrests for which the person is free
5on bail or on his or her own recognizance pending trial or appeal.
6(2) Being convicted of, or pleading nolo contendere to, a crime,
7or having committed an act involving dishonesty, fraud, or deceit,
8if the crime or act is substantially related to the qualifications,
9functions, or duties of the person in accordance with this provision.
10(3) Any conviction or arrest, for which the person is free on bail
11or
on his or her own recognizance pending trial or appeal, with a
12reasonable nexus to the information or data to which the person
13shall have access.
14(c) Requests for federal criminal offender record information
15received by the Department of Justice pursuant to this section shall
16be forwarded to the Federal Bureau of Investigation by the
17Department of Justice.
18(d) The Department of Justice shall respond to the Chief of
19Human Resources of the office or thebegin delete FISCal Service Centerend delete
20begin insert departmentend insert with information as provided under subdivision (p) of
21Section 11105 of the Penal Code.
22(e) The Chief of Human Resources of the office or thebegin delete FISCal begin insert
departmentend insert shall request subsequent arrest
23Service Centerend delete
24notifications from the Department of Justice as provided under
25Section 11105.2 of the Penal Code.
26(f) The Department of Justice may assess a fee sufficient to
27cover the processing costs required under this section, as authorized
28pursuant to subdivision (e) of Section 11105 of the Penal Code.
29(g) Persons described in subdivision (a) may be rejected if it is
30determined they meet the criteria described in paragraph (2) or (3)
31of subdivision (b). If a person is rejected, the individual shall
32receive a copy of the response record from the Chief of Human
33Resources of the office or thebegin delete FISCal Service Center.end deletebegin insert department.end insert
34(h) The Chief of Human Resources of the office or thebegin delete FISCal begin insert
departmentend insert shall follow a written appeal process
35Service Centerend delete
36for an individual described in subdivision (a) who is determined
37ineligible for employment because of his or her Department of
38Justice or Federal Bureau of Investigation criminal offender record.
39(i) When considering the background information received
40pursuant to this section, the Chief of Human Resources of the
P100 1office or thebegin delete FISCal Service Centerend deletebegin insert departmentend insert shall take under
2consideration any evidence of rehabilitation, including, but not
3limited to, participation in treatment programs and age and specifics
4of the offense.
begin insertThe heading of Article 5 (commencing with Section
611890) of Chapter 10 of Part 1 of Division 3 of Title 2 of the end insertbegin insert7
Government Codeend insertbegin insert is amended to read:end insert
8
begin insertSection 11890 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert
begin insert(a)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertThere is in state government thebegin delete FISCal Service begin insert Department of FISCal.end insert
14Center.end delete
15
(2) (A) Upon the acceptance of the system by the state, as
16determined by the Director of Finance in his or her capacity as
17the system sponsor, the Department of FISCal shall be within the
18Government Operations Agency.
19
(B) The director shall post a notice on the Internet Web site of
20the Department of FISCal when the Director of Finance accepts
21the system in accordance with subparagraph (A).
22
(b) The Department of FISCal shall maintain, upgrade, or
23otherwise enhance and support the system, provide operational
24support to the customers and stakeholders of the system, and
25onboard any new, deferred, or exempt state entities.
begin insertSection 11892 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert
(a) begin deleteConsistent with the FISCal Service Center Charter, begin insertThe department end insertshall incrementally
29the FISCal Service Center end delete
30assume responsibility of thebegin delete FISCalend delete system functionality as portions
31of thebegin delete FISCalend delete system are implemented and accepted.
32(b) Thebegin delete FISCal Service Centerend deletebegin insert
departmentend insert shall provide the
33administrative functions for thebegin delete FISCalend delete system, including those
34functions of the office, during its existence.
35(c) The office and thebegin delete FISCal Service Centerend deletebegin insert departmentend insert shall
36exist concurrently during the phased implementation of thebegin delete FISCalend delete
37 system. Upon full implementation and final acceptance of the
38begin delete FISCalend delete system, thebegin delete FISCal Service Centerend deletebegin insert
departmentend insert shall
39begin insert supersede the office andend insert perform allbegin delete maintenanceend deletebegin insert
administration,
40maintenance,end insert and operation of thebegin delete FISCalend delete system.
begin insertSection 11893 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
2read:end insert
The administrative costs, as defined in Section 11270,
4of the Department of FISCal shall be allocated to and recovered
5from funds in a manner consistent with Section 11274.
begin insertSection 11894 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
7to read:end insert
begin deleteThe FISCal Executive Partner end deletebegin insert(a)end insertbegin insert end insertbegin insertThe Director of
9FISCal shall be appointed by, and serve at the pleasure of, the
10Governor, subject to Senate confirmation.end insert
11begin insert(b)end insertbegin insert end insertbegin insertThe directorend insert shall have appointment power for both the
12office and thebegin delete FISCal Service Centerend deletebegin insert
departmentend insert and shall oversee
13the day-to-day functions of both the office and thebegin delete FISCal Service begin insert department.end insert The
14Center.end deletebegin delete FISCal Executive Partnerend deletebegin insert
directorend insert shall
15identify and transfer staff from the office to thebegin delete FISCal Service begin insert departmentend insert to further performance of the duties specified
16Centerend delete
17in Section 11892, in accordance with Section 19050.9.
begin insertSection 11895 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
19read:end insert
(a) The director shall, at least annually, confer with
21the partner agencies and at least one representative of other
22agencies utilizing the system to prioritize system enhancements,
23defects, and workarounds.
24
(b) The director retains the discretion and ultimate authority
25on the implementation of changes in the system.
begin insertSection 12432 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
27to read:end insert
(a) The Legislature hereby finds and declares that it is
29essential for the state to replace the current automated human
30resource/payroll systems operated by the Controller to ensure that
31state employees continue to be paid accurately and on time and
32that the state may take advantage of new capabilities and improved
33business practices. To achieve this replacement of the current
34systems, the Controller is authorized to procure, modify, and
35implement a new human resource management system that meets
36the needs of a modern state government. This replacement effort
37is known as the 21st Century Project.
38(b) Notwithstanding any other law, beginning with the 2004-05
39fiscal year, the Controller may assess the special and
40nongovernmental cost funds in sufficient amounts to
pay for the
P102 1authorized 21st Century Project costs that are attributable to those
2funds. Assessments in support of the expenditures for the 21st
3Century Project shall be made quarterly, and the total amount
4assessed from these funds annually shall not exceed the total
5expenditures incurred by the Controller for the 21st Century Project
6that are attributable to those funds in that fiscal year.
7Appropriations for this purpose shall be made in the annual Budget
8Act.
9(c) To the extent permitted by law, beginning with the 2004-05
10fiscal year, the Controller shall establish agreements with various
11agencies and departments for the collection from federal funds of
12costs that are attributable to federal funds. The total amount
13collected from those agencies and departments annually shall not
14exceed the total expenditures incurred by the Controller for the
1521st Century Project that are attributable to federal funds in that
16fiscal year. Appropriations for
that purpose shall be made in the
17annual Budget Act.
18(d) It is the intent of the Legislature that, beginning not earlier
19than the 2006-07 fiscal year, future annual Budget Acts include
20General Fund appropriations in sufficient amounts for expenditures
21for the 21st Century Project that are attributable to the General
22Fund. It is the Legislature’s intent that the share of the total project
23costs paid for by the General Fund shall be equivalent to the share
24of the total project costs paid for from special and nongovernmental
25cost fund assessments and collections from federal funds.
26(e) This section shall remain in effect only until June 30,begin delete 2016,end delete
27begin insert 2017,end insert and as of that date is
repealed.
begin insertThe heading of Article 2.5 (commencing with Section
2912433) is added to Chapter 5 of Part 2 of Division 3 of Title 2 of
30the end insertbegin insertGovernment Codeend insertbegin insert, to read:end insert
31
begin insertSection 12803.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert
(a) The Government Operations Agency shall consist
37of all of the following:
38(1) The Office of Administrative Law.
39(2) The Public Employees’ Retirement System.
40(3) The State Teachers’ Retirement System.
P103 1(4) The State Personnel Board.
2(5) The California Victim Compensationbegin delete and Government Board.
3Claimsend delete
4(6) The Department of General Services.
5(7) The Department of Technology.
6(8) The Franchise Tax Board.
7(9) The Department of Human Resources.
begin insert
8
(b) The Government Operations Agency shall include the
9Department of FISCal upon the acceptance of the Financial
10Information System for California (FISCal) by the state, as
11determined by the Director of Finance, pursuant to Section 11890.
12(b)
end delete
13begin insert(c)end insert The Government Operations Agency shall be governed by
14the Secretary of Government Operations pursuant to Section 12801.
15However, the Director of Human Resources shall report directly
16to the Governor on issues relating to labor relations.
17(c)
end delete
18begin insert(d)end insert The Governor, upon the recommendation of the Secretary
19of Government Operations, may appoint up to three deputies for
20the secretary.
begin insertSection 13300 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
22to read:end insert
(a) The department shall devise, install, supervise, and,
24at its discretion, revise and modify, a modern and complete
25accounting system and policies for each agency of the state
26permitted or charged by law with the handling of public money or
27its equivalent, to the end that all revenues, expenditures, receipts,
28disbursements, resources, obligations, and property of the state be
29properly, accurately, and systematically accounted for and that
30there shall be obtained accurate and comparable records, reports,
31and statements of all the financial affairs of the state.
32(b) This system shall permit a comparison of budgeted
33expenditures, actual expenditures, encumbrances and payables,
34and estimated revenue to actual revenue that
is compatible with a
35budget coding system developed by the department. In addition,
36the system shall provide for a federal revenue accounting system
37with cross-references of federal fund sources to state activities.
38(c) This system shall include a cost accounting system that
39accounts for expenditures by line item, governmental unit, and
40fund source. The system shall also be capable of performing
P104 1program cost accounting as required. The system and the accounts
2maintained by all state departments and agencies shall be
3coordinated with the central accounts maintained by the Controller,
4and shall provide the Controller with all information necessary to
5the maintenance by the Controller of a comprehensive system of
6central accounts for the entire state government.
7(d) Beginning with the 2008-09 fiscal year, the Department of
8Finance, the Controller, the Treasurer, and the Department of
9General Services shall partner to design, develop, and implement
10the Financial Information System for California Project to meet
11the requirements of subdivisions (a), (b), and (c), and the FISCal
12Project documents, as established in the FISCal Special Project
13Report dated October 30, 2006, as revised on December 14, 2006,
14as amended by the FISCal Special Project Report dated November
159, 2007, as revised on December 19, 2007, and as amended,
16augmented, or changed by any subsequent approved Special Project
17Report.
begin insertSection 13300.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert
(a) The Legislature finds and declares that thebegin delete project begin insert systemend insert to modernize the state’s internal
21of the FISCal Projectend delete
22financial systems is a critical project that must be subject to the
23highest level of oversight. According to the Department of
24Technology, the size and scope of this modernization and
25automation effort make this project one of the highest risk projects
26undertaken by the state. Therefore, the Legislature must take steps
27to ensure it is fully informed as the project is implemented. It is
28the intent of the Legislature to adopt additional reporting
29requirements for thebegin delete FISCal Project Officeend deletebegin insert
officeend insert to adequately
30managebegin delete the project’send delete risk andbegin delete toend delete ensure the successful
31implementation of this effort.
32(b) Thebegin delete FISCal Project
Officeend delete
33Legislature,begin delete byend deletebegin insert on or beforeend insert February 15 of each year,begin delete an update begin insert onend insert all of the following:
34on the project. The report shall includeend delete
35(1) An executive summary and overview of thebegin delete project’send delete
36begin insert system’send insert
status.
37(2) An overview of thebegin delete project’send deletebegin insert system’send insert history.
38(3) Significant events of thebegin delete projectend deletebegin insert systemend insert within the current
39reporting period and a projection of events during the next reporting
40period.
P105 1(4) A discussion of mitigation actions being taken by thebegin delete projectend delete
2begin insert
officeend insert for any missed major milestones.
3(5) A comparison of actual to budgeted expenditures, and an
4explanation of variances and any planned corrective actions,
5including a summary ofbegin delete FISCal projectend deletebegin insert
the systemend insert and staffing
6levels and an estimate of staff participation from partner agencies.
7(6) An articulation of expected functionality and qualitative
8benefits from thebegin delete projectend deletebegin insert systemend insert that were achieved during the
9reporting period and that are expected to be achieved in the
10subsequent year.
11(7) An overview of change management activities and
12stakeholder engagementbegin delete inend deletebegin insert duringend insert
thebegin delete project,end deletebegin insert system
13implementation process,end insert including a summary of departmental
14participation in thebegin delete FISCal project.end deletebegin insert
system.end insert
15(8) A discussion of lessons learned and best practices that will
16be incorporated into future changes in management activities.
17(9) A description of any significant software customization,
18including a justification for why, if any, customization was granted.
19(10) Updates on the progress of meeting thebegin delete projectend deletebegin insert system’send insert
20
objectives.
21(c) begin deleteThe initial report, due February 15, 2013, shall provide a begin insertReports end insert
22description of the approved project scope. Later reports end delete
23shall describebegin delete any laterend delete deviations to the project scope, cost, or
24
begin delete schedule.end deletebegin insert schedule from Special Project Report 6.end insert
25(d) The initial report shall also provide a summary of the project
26history from Special Project Report 1 to Special Project Report 4,
27inclusive.
28(e)
end delete
29begin insert(d)end insert This section shall remainbegin delete in effect until a postimplementation begin insert operative
30evaluation report has been approved by the Department of
31Technology. The Department of Technology shall post a notice
32on its Internet Web site when the report is approved.end delete
33until the completion of the system, as specified in paragraph (2)
34of subdivision (a) of Section 11890, and thereafter shall be
35inoperative.end insert
36
(e) The definitions in Section 11852 shall apply to the applicable
37terms in this section.
begin insertSection 13332.02 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert
All funds recovered from the federal government
2to offset statewide indirect costs shall be transferred to the Central
3Service Cost Recovery Fund or tobegin delete the unappropriated surplus ofend delete
4 the General Fund in a manner prescribed by the Department of
5Finance, unless expenditure of the funds is authorized by the
6Department of Finance. No authorization may become effective
7sooner than 30 days after notification in writing of the necessity
8therefor to the chairperson of the committee in each house that
9considers appropriations and the Chairperson of the Joint
10Legislative Budget Committee, or not sooner than whatever lesser
11time the Chairperson of the Joint Legislative Budget Committee,
12or his or her designee, may in each instance
determine. If in the
13judgment of the Director of Finance, a state agency has not
14transferred the funds on a timely basis, thebegin delete directorend deletebegin insert Department
15of Financeend insert may certify to the Controller the amount that the agency
16should have transferred to the Central Service Cost Recovery Fund
17or the General Fund, and the Controller shall transfer the funds to
18the Central Service Cost Recovery Fund or the General Fund.
begin insertSection 13332.03 of the end insertbegin insertGovernment Codeend insertbegin insert is
20amended to read:end insert
Whenever an appropriation has not been made to
22provide for recovery of general administrative costs pursuant to
23Article 2 (commencing with Section 11270) of Chapter 3 of Part
241, a sufficient sum for that purpose shall be transferred from each
25affected fund by the Controller to the Central Service Cost
26Recovery Fund or thebegin delete unappropriated surplus of theend delete General Fund
27in accordance withbegin delete subdivision (b) ofend delete Section 11274. The
28Controller shall make transfers pursuant to this section only upon
29order of thebegin delete Directorend deletebegin insert
Departmentend insert of Finance.
begin insertSection 13332.09 of the end insertbegin insertGovernment Codeend insertbegin insert is
31amended to read:end insert
(a) A purchase order or other form of documentation
33for acquisition or replacement of motor vehicles shall not be issued
34against any appropriation until the Department of General Services
35has investigated and established the necessity therefor.
36(b) A state agency shall not acquire surplus mobile equipment
37from any source for program support until the Department of
38General Services has investigated and established the necessity
39therefor.
P107 1(c) Notwithstanding any other law, any contract for the
2acquisition of a motor vehicle or general use mobile equipment
3for a state agency shall be made by or under the supervision of the
4Department of General Services. Pursuant to Section 10298 of the
5Public
Contract Code, the Department of General Services may
6collect a fee to offset the cost of the services provided.
7(d) Any passenger-type motor vehicle purchased for a state
8officer, except a constitutional officer, or a state employee shall
9be an American-made vehicle of the light class, as defined by the
10begin delete California Victim Compensation and Government Claims Board,end delete
11begin insert Department of General Services,end insert unless excepted by the Director
12of General Services on the basis of unusual requirements,
13including, but not limited to, use by thebegin insert Department of theend insert
14 California Highway Patrol, that would justify the need for a motor
15vehicle of a heavier class.
16(e) General use mobile equipment having an original purchase
17price of twenty-five thousand dollars ($25,000) or more shall not
18be rented or leased from a nonstate source and payment therefor
19shall not be made from any appropriation for the use of the
20Department of Transportation, without the prior approval of the
21Department of General Services after a determination that
22comparable state-owned equipment is not available, unless
23obtaining approval would endanger life or property, in which case
24the transaction and the justification for not having sought prior
25approval shall be reported immediately thereafter to the Department
26of General Services.
27(f) As used in this section:
28(1) “General use mobile equipment” means equipment that is
29listed in the Mobile Equipment Inventory of the State Equipment
30Council and capable of
being used by more than one state agency,
31and shall not be deemed to refer to equipment having a practical
32use limited to the controlling state agency only. Section 575 of the
33Vehicle Code shall have no application to this section.
34(2) “State agency” means a state agency, as defined pursuant
35to Section 11000. The University of California is requested and
36encouraged to have the Department of General Services perform
37the tasks identified in this section with respect to the acquisition
38or replacement of motor vehicles by the University of California.
39“State agency” does not include a district agricultural association,
40as defined in Section 3951 of the Food and Agricultural Code.
P108 1(g) This section shall become operative on July 1, 2015.
begin insertThe heading of Part 4 (commencing with Section
313900) of Division 3 of Title 2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert
5
begin insertSection 13900 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert
(a) As used in this chapter, “board” means the
12California Victim Compensationbegin delete and Government Claimsend delete Board.
13(b) Any reference in statute or regulation to the State Board of
14Control shall be construed to refer to the California Victim
15Compensation and Government Claims Board.
16
(b) Except as provided by Section 14659.01, whenever the term
17“California
Victim Compensation and Government Claims Board”
18appears in any statute, regulation, contract, or any other code, it
19shall be construed to refer to the California Victim Compensation
20Board, unless the context clearly requires otherwise.
begin insertSection 13901 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
22to read:end insert
(a) There is within the Government Operations Agency
24the California Victim Compensationbegin delete and Government Claimsend delete
25 Board.
26(b) The board consists of the Secretary of Government
27Operations or his or her designee and the Controller, both acting
28ex officio, and a third member who shall be appointed by and serve
29at the pleasure of the Governor. The third member may be a state
30officer who shall act ex officio.
31(c) Any reference in statute or regulation to the State Board of
32Control
shall be construed to refer to the California Victim
33Compensation and Government Claims
Board.
begin insertSection 13905 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert
The board shall have a seal, bearing the following
37inscription: “California Victim Compensationbegin delete and Government Board.” The seal shall be fixed to all writs and
38Claimsend delete
39authentications of copies of records and to other instruments that
40the board directs.
begin insertSection 13909 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert
(a) The board shall appoint an executive officer who
4shall hold office at its pleasure. It may also employ those personnel,
5including examiners, as it deems necessary for the performance
6of its duties.
7(b) The executive officer shall execute those duties and
8responsibilities as may be delegated by the board. The board may,
9except as otherwise provided in this section, delegate any statutory
10power of the board to the executive officer, or any examiner,
11employee, or committee as the board may designate, by means of
12a board order that is adopted by a majority of all of the board’s
13members and that prescribes the limits of the delegation.
14(c) This section shall not be construed to authorize the board to
15delegate the authority to allow a claim filed pursuant to subdivision
16(c) of Section 905.2 that exceeds fifty thousand dollars ($50,000).
begin insertSection 13920 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
18and renumbered to read:end insert
Thebegin delete boardend deletebegin insert departmentend insert may adopt regulations
21pursuant to Chapter 3.5 (commencing with Section 11340) of Part
221 of Division 3:
23(a) Limiting the amount, time, and place of expenses and
24allowances to be paid to elected state officers, and officers and
25employees of the state provided for in Article VI of the California
26Constitution, while traveling on official
state business.
27(b) Governing the presentation and audit of claims against the
28state for which an appropriation has been made or for which a state
29fund is available.
30(c) Governing any other matter over which it has jurisdiction.
begin insertSection 13923 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32and renumbered to read:end insert
Thebegin delete boardend deletebegin insert departmentend insert may approve plans for payroll
35deduction from the salaries or wages of state officers and
36employees under subdivision (f) of Section 1151 for charitable
37contributions to the agency handling the principal combined fund
38drive in any area. Thebegin delete boardend deletebegin insert
departmentend insert
shall establish necessary
39rules and regulations, including the following:
P110 1(a) Standards for establishing what constitutes the principal
2combined fund drive in an area.
3(b) A requirement that the agency to receive these contributions
4shall pay, for deposit in the General Fund, the additional cost to
5the state of making these deductions and remitting the proceeds,
6as determined by the Controller.
7(c) A requirement that the agency to receive these contributions
8shall pay, for deposit in thebegin delete Generalend deletebegin insert Service Revolvingend insert Fund, the
9begin delete board’send deletebegin insert
department’send insert cost to administer the annual charitable
10campaign fund drive. This amount shall be determined by thebegin delete boardend delete
11begin insert departmentend insert andbegin delete mayend deletebegin insert shall onlyend insert bebegin delete appropriated inend deletebegin insert available for
12theend insert support of thebegin delete board as reimbursements to Item 8700-001-0001 begin insert
department upon appropriation by the
13of the annual Budget Act.end delete
14Legislature.end insert
15(d) Provisions for standard amounts of deductions from which
16each state officer or employee may select the contribution that he
17or she desires to make, if any.
18(e) A prohibition upon state officers or employees authorizing
19more than one payroll deduction for charitable purposes to be in
20effect at the same time.
21(f) A provision authorizing the Controller to combine in his or
22her records deductions for employee association dues, if authorized,
23and charitable deductions, if authorized.
24Thebegin delete board,end deletebegin insert department,end insert
in addition, may approve requests of
25any charitable organization qualified as an exempt organization
26under Section 23701d of the Revenue and Taxation Code, and
27paragraph (3) of subsection (c) of Section 501 of the Internal
28Revenue Code of 1954, which is not an affiliated member
29beneficiary of the principal combined fund drive to receive
30designated deductions from the principal fund drive.
31The principal combined fund drive agency, any charitable
32organization which is an affiliated member beneficiary of the
33principal combined fund drive, and any charitable organization
34approved by thebegin delete boardend deletebegin insert departmentend insert to receive designated deductions
35on the payroll authorization form of the principal fund drive, shall
36certify under penalty of perjury to thebegin delete boardend deletebegin insert
departmentend insert that it is
37in compliance with the Fair Employment and Housing Act, Part
382.8 (commencing with Section 12900), as a condition of receiving
39these designated deductions.
P111 1The principal combined fund drive shall obtain from thebegin delete boardend delete
2begin insert departmentend insert the list of approved nonaffiliated beneficiaries, eligible
3for designated deductions in its approved drive area, and shall
4provide this information to each employee at the time of the
5principal fund drive. The principal combined drive agency shall
6provide a designation form for the employee to indicate those
7amounts to be contributed to affiliated and nonaffiliated
8beneficiaries. The designation form shall consist of a copy for each
9of the following: (1) the employee, (2) the employee’s
designated
10beneficiary agency, and (3) the principal combined fund drive
11agency. The principal combined fund drive agency shall pay the
12amount collected for the employee designated beneficiary agency
13less the amount necessary to reimburse the principal combined
14fund drive agency for fundraising and administrative expenses.
15The fee charged for fundraising and administrative cost
16reimbursement shall be determined by thebegin delete board,end deletebegin insert department,end insert
17 published in campaign literature and made available to the
18employee during the solicitation process.
19Nothing contained in this section shall preclude a principal fund
20drive agency from giving a percentage of the undesignated funds
21to charities which are not members of the agency handling the
22principal drive, or honoring an employee’s designated
deduction
23to any charitable organization.
begin insertSection 13928 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
25and renumbered to read:end insert
Thebegin delete boardend deletebegin insert departmentend insert shall take any and all
28necessary steps to ensure that all claims which have been approved
29by thebegin delete board,end deletebegin insert department,end insert and for which there exists no legally
30available appropriation, are submitted for legislative
approval at
31least twice during each calendar year.
begin insertSection 13940 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
33and renumbered to read:end insert
Any state agency or employee required to collect any
36state taxes, licenses, fees, or money owing to the state for any
37reason that is due and payable may be discharged by thebegin delete boardend delete
38begin insert Controllerend insert from accountability for the collection of the taxes,
39licenses, fees, or money if the debt is uncollectible or the amount
40of the debt does not justify the cost of its collection.
begin insertSection 13941 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2and renumbered to read:end insert
The application for a discharge under thisbegin delete chapterend deletebegin insert articleend insert
5 shall be filed with the Controller and include the following:
6(a) A statement of the nature and amount of the tax, license,
7fee, or other money due.
8(b) The names of the persons liable.
9(c) The estimated cost of collection.
10(d) All other facts warranting the discharge, unless the Controller
11determines that the circumstances do not warrant the furnishing
12of detailed information.
begin insertSection 13942 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14and renumbered to read:end insert
The Controller shall audit thebegin delete applications and begin insert applications. The
17recommend to the board an order dischargingend delete
18Controller shall dischargeend insert the applicant from further accountability
19for collection andbegin delete authorizingend deletebegin insert authorizeend insert the applicant to
close its
20book on thatbegin delete item,end deletebegin insert
itemend insert if the Controller determines the following:
21(a) The matters contained in the application are correct.
22(b) No credit exists against which the debt can be offset.
23(c) Collection is improbable for any reason.
24(d) The cost of recovery does not justify the collection.
25(e) For items that exceed the monetary jurisdiction of the small
26claims court, the Attorney General has advised, in writing, that
27collection is not justified by the cost or is improbable for any
28reason.
begin insertSection 13943 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30and renumbered to read:end insert
Thebegin delete board may delegate to the Controller, under terms
33and conditions that are acceptable to the board, the authority toend delete
34begin insert Controller mayend insert discharge from accountability a state agency for
35accounts that do not exceed the amount specified in subdivision
36(e) of Sectionbegin delete 13942end deletebegin insert
12435end insert and thereby authorize the closing of
37the agency’s books in regard to that item.
begin insertSection 13943.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39and renumbered to read:end insert
(a) Except as provided in subdivision (b), a discharge
3granted pursuant to thisbegin delete chapterend deletebegin insert articleend insert to a state agency or
4employee does not release any person from the payment of any
5tax, license, fee, or other money that is due and owing to the state.
6(b) A discharge granted pursuant to thisbegin delete chapterend deletebegin insert
articleend insert to the
7Franchise Tax Board shall release a person from a liability for the
8payment of any tax, fee, or other liability deemed uncollectible
9that is due and owing to the state and extinguish that liability, if
10at least one of the following conditions is met:
11(1) The liability is for an amount less than five hundred dollars
12($500).
13(2) The liable person has been deceased for more than four years
14and there is no active probate with respect to that person.
15(3) The Franchise Tax Board has determined that the liable
16person has a permanent financial hardship.
17(4) The liability has been unpaid for more than 30 years.
begin insertSection 13943.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19and renumbered to read:end insert
Upon authorization of the board, a
begin insertA end insertstate agency is not required to collect taxes, licenses,
22fees, or money owing to the state for any reason if the amount to
23be collected is five hundred dollars ($500) or less.begin delete A state agency Nothing contained
24that seeks this authorization shall file an application with the board
25accompanied by a statement of circumstances.end delete
26in this section shall be construed as releasing any person from the
27payment of any money due the state.
begin insertSection 13943.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29and renumbered to read:end insert
Notwithstanding any other provision of thisbegin delete chapter, begin insert article,end insert the Controller
32the board may authorizeend deletebegin delete toend deletebegin insert mayend insert discharge
33the Department of Water Resources from accountability for
34collection of the loan issued to the Arrowhead Manor
Water
35Company in 1980 under the California Safe Drinking Water Bond
36Law of 1976, but only if San Bernardino County or its county
37service area acquires the water system financed by the loan issued
38to the Arrowhead Manor Water Company and pays the amount of
39nine hundred ten thousand five hundred twenty dollars ($910,520)
40in complete satisfaction of that loan, on or before January 30, 2009.
begin insertSection 13944 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2and renumbered to read:end insert
(a) Thebegin delete boardend deletebegin insert Controllerend insert may investigate, inquire, and,
5if necessary, conduct hearings concerning property in the
6possession of the Treasurer which has escheated to the state from
7the estates of deceased persons pursuant to a judgment of escheat
8or pursuant to a distribution to the state under Section 11900 of
9the Probate Code.
10(b) After
investigation, inquiry, and hearing, thebegin delete boardend delete
11begin insert
Controllerend insert may relieve the Treasurer from any liability arising
12from the possessionbegin delete of,end deletebegin insert ofend insert andbegin delete direct the Controller toend delete sell, or
13authorize the Treasurer to destroy or otherwise dispose of, any
14such property as it deems proper.
begin insertSection 13951 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert
As used in this chapter, the following definitions shall
18apply:
19(a) “Board” means the California Victim Compensationbegin delete and Board.
20Government Claimsend delete
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.
P115 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.
begin insertSection 13972 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert
(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 Compensationbegin delete and Government Claimsend delete
29
Board for indemnification to the extent that the claimant is not
30compensated from any other source for the injury, death, or
31damage. The claim shall generally show 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
P116 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
4Compensationbegin delete and Government Claimsend delete
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.
begin insertSection 13973 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert
(a) Upon presentation of a claim pursuant to this
11chapter, the California Victim Compensationbegin delete and Government Board shall fix a time and place for the hearing of the claim,
12Claimsend delete
13and shall mail notices of the hearing to interested persons or
14agencies. The board shall receive recommendations from public
15safety or law enforcement agencies, and evidence showing all of
16the following:
17(1) The nature of the crime committed by the apprehended
18criminal or prevented by the action of the private citizen, or the
19nature of the action of the private citizen in rescuing a person in
20immediate danger of injury or death as a result of fire, drowning,
21or other catastrophe, and the circumstances
involved.
22(2) That the actions of the private citizen substantially and
23materially contributed to the apprehension of a criminal, the
24prevention of a crime, or the rescuing of a person in immediate
25danger of injury or death as a result of fire, drowning, or other
26catastrophe.
27(3) That, as a direct consequence, the private citizen incurred
28personal injury or damage to property or died.
29(4) The extent of the injury or damage for which the claimant
30is not compensated from any other source.
31(5) Any other evidence that the board may require.
32(b) If the board determines, on the basis of a preponderance of
33the evidence, that the state should indemnify the claimant for the
34injury, death, or damage
sustained, it shall approve the claim for
35payment. In no event shall a claim be approved by the board under
36this article in excess of ten thousand dollars ($10,000).
37(c) In addition to any award made under this chapter, the board
38may award, as attorney’s fees, an amount representing the
39reasonable value of legal services rendered a claimant, but in no
40event to exceed 10 percent of the amount of the award. No attorney
P117 1shall charge, demand, receive, or collect for services rendered in
2connection with any proceedings under this chapter any amount
3other than that awarded as attorney’s fees under this section. Claims
4approved under this chapter shall be paid from a separate
5appropriation made to the California Victim Compensationbegin delete and in the Budget Act and as the claims
6Government Claims Boardend delete
7are approved by the board.
begin insertSection 13974 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert
The California Victim Compensationbegin delete and Government Board is hereby authorized to make all needful rules and
11Claimsend delete
12regulations consistent with the law for the purpose of carrying into
13effect this article.
begin insertSection 13974.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
15to read:end insert
(a) The California Victim Compensationbegin delete and Board shall use the applicable provisions of
17Government Claimsend delete
18this article to establish a claim and reward procedure to reward
19persons providing information leading to the location of any child
20listed in the missing children registry compiled pursuant to former
21Section 11114 of the Penal Code or maintained pursuant to the
22system maintained pursuant to Sections 14203 and 14204 of the
23Penal Code.
24(b) Awards shall be made upon recommendation of the
25Department of Justice in an amount of not to exceed five hundred
26dollars ($500) to any one individual. However, as a condition to
27an award, in any particular case, an amount equal to or
greater in
28nonstate funds shall have been first offered as a reward for
29information leading to the location of that missing child.
30(c) The Missing Children Reward Fund is abolished and any
31remaining balance is transferred to the Restitution Fund. The
32 California Victim Compensationbegin delete and Government Claimsend delete Board
33shall make awards pursuant to this section from the Restitution
34Fund, using the appropriation authority provided in Section 13964.
begin insertSection 13974.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
36to read:end insert
(a) The California Victim Compensationbegin delete and Board shall enter into an interagency
38Government Claimsend delete
39agreement with the University of California, San Francisco, to
40establish a victims of crime recovery center at the San Francisco
P118 1General Hospital for the purpose of providing comprehensive and
2integrated services to victims of crime, subject to conditions set
3forth by the board.
4(b) This section shall not apply to the University of California
5unless the Regents of the University of California, by appropriate
6resolution, make this section applicable.
7(c) This section shall only
be implemented to the extent that
8funding is appropriated for that purpose.
begin insertSection 13995.40 of the end insertbegin insertGovernment Codeend insertbegin insert is
10amended to read:end insert
(a) Upon approval of the initial referendum, the
12office shall establish a nonprofit mutual benefit corporation named
13the California Travel and Tourism Commission. The commission
14shall be under the direction of a board of commissioners, which
15shall function as the board of directors for purposes of the
16Nonprofit Corporation Law.
17(b) The board of commissioners shall consist of 37
18commissioners comprising the following:
19(1) Thebegin delete director, who shall serve as chairperson.end deletebegin insert director.end insert
20(2) (A) Twelvebegin delete members,end deletebegin insert
commissioners,end insert who are
21professionally active in the tourism industry, and whose primary
22business, trade, or profession is directly related to the tourism
23industry, shall be appointed by the Governor. Each appointed
24commissioner shall represent only one of the 12 tourism regions
25designated by the office, and the appointed commissioners shall
26be selected so as to represent, to the greatest extent possible, the
27diverse elements of the tourism industry. Appointed commissioners
28are not limited to individuals who are employed by or represent
29assessed businesses.
30(B) If an appointed commissioner ceases to be professionally
31active in the tourism industry or his or her primary business, trade,
32or profession ceases to be directly related to the tourism industry,
33he or she shall automatically cease to be an appointed
34commissioner 90 days following the date on which he or she ceases
35to meet both of the eligibility
criteria specified in subparagraph
36(A), unless the commissioner becomes eligible again within that
3790-day period.
38(3) Twenty-four elected commissioners, including at least one
39representative of a travel agency or tour operator that is an assessed
40business.
P119 1(c) The commission established pursuant tobegin insert formerend insert Section
215364.52 shall be inoperative so long as the commission
3established pursuant to this section is in existence.
4(d) Elected commissioners shall be elected by industry category
5in a referendum. Regardless of the number of ballots received for
6a referendum, the nominee for each commissioner slot with the
7most weighted votes from assessed businesses within that industry
8category shall be elected
commissioner. In the event that an elected
9commissioner resigns, dies, or is removed from office during his
10or her term, the commission shall appoint a replacement from the
11same industry category that the commissioner in question
12represented, and that commissioner shall fill the remaining term
13of the commissioner in question. The number of commissioners
14elected from each industry category shall be determined by the
15weighted percentage of assessments from that category.
16(e) The director may remove any elected commissioner
17following a hearing at which the commissioner is found guilty of
18abuse of office or moral turpitude.
19(f) (1) The term of each elected commissioner shall commence
20July 1 of the year next following his or her election, and shall
21expire on June 30 of the fourth year following his or her election.
22If an elected commissioner ceases to be employed
by or with an
23assessed business in the category and segment which he or she
24was representing, his or her term as an elected commissioner shall
25automatically terminate 90 days following the date on which he
26or she ceases to be so employed, unless, within that 90-day period,
27the commissioner again is employed by or with an assessed
28business in the same category and segment.
29(2) Terms of elected commissioners that would otherwise expire
30effective December 31 of the year during which legislation adding
31this subdivision is enacted shall automatically be extended until
32June 30 of the following year.
33(g) With the exception of the director, no commissioner shall
34serve for more than two consecutive terms. For purposes of this
35subdivision, the phrase “two consecutive terms” shall not include
36partial terms.
37(h) Except for the
original commissioners, all commissioners
38shall serve four-year terms. One-half of the commissioners
39originally appointed or elected shall serve a two-year term, while
40the remainder shall serve a four-year term. Every two years
P120 1thereafter, one-half of the commissioners shall be appointed or
2elected by referendum.
3(i) The selection committee shall determine the initial slate of
4candidates for elected commissioners. Thereafter the
5commissioners, by adopted resolution, shall nominate a slate of
6candidates, and shall include any additional candidates complying
7with the procedure described in Section 13995.62.
8(j) begin insert(1)end insertbegin insert end insertThe commissionersbegin insert
appointed pursuant to subparagraph
9(A) of paragraph (2) of subdivision (b)end insert
shall electbegin delete a vice begin insert the chairperson.end insert
10chairperson from the elected commissioners.end delete
11
(2) The commissioners selected pursuant to subdivision (d) shall
12elect the vice chairperson.
13(k) The commission may lease space from the office.
14(l) The commission and the office shall be the official state
15representatives of California tourism.
16(m) (1) All commission meetings shall be held in California.
17(2) Commissioners may participate in meetings by means of
18conference telephone and other technology.
19(n) No person shall receive compensation for serving as a
20commissioner, but each commissioner shall receive reimbursement
21for reasonable expenses incurred while on authorized commission
22business.
23(o) Assessed businesses shall vote only for commissioners
24representing their industry category.
25(p) Commissioners shall comply with the requirements of the
26Political Reform Act of 1974 (Title 9 (commencing with Section
2781000)). The Legislature finds and declares that commissioners
28appointed or elected on the basis of membership in a particular
29tourism segment are appointed or elected to represent and serve
30the economic interests of those tourism segments and that
the
31economic interests of these members are the same as those of the
32public generally.
33(q) Commission meetings shall be subject to the requirements
34of the Bagley-Keene Open Meeting Act (Article 9 (commencing
35with Section 11120) of Chapter 1 of Part 1).
36(r) The executive director of the commission shall serve as
37secretary to the commission, a nonvoting position, and shall keep
38the minutes and records of all commission meetings.
begin insertSection 14084 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert
If at any time, in carrying out any agreement made
2pursuant to Section 14081, the required payment of reimbursements
3becomes a matter in dispute that cannot be resolved by the
4governing body and the director, it shall be brought before the
5begin delete California Victim Compensation and Government Claims Board, begin insert Controller, who mayend insert conduct the necessary audits and
6which shallend delete
7interviews to determine the facts, hear both parties to the dispute,
8and make a final determination as to the reimbursement actually
9due.
begin insertSection 14600 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
11to read:end insert
The Legislature declares that a centralization of business
13management functions and services of state government is
14necessary to take advantage of specialized techniques and skills,
15provide uniform management practices, and to insure a continuing
16high level of efficiency and economy. A Department of General
17Services is created to provide centralized services including, but
18not limited to, planning, acquisition, construction, and maintenance
19of state buildings and property; purchasing; printing; architectural
20services; administrative hearings;begin insert government claims;end insert and
21accounting services. The Department of General Services shall
22develop and enforce policy and procedures and shall institute or
23cause the
institution of those investigations and proceedings as it
24deems proper to assure effective operation of all functions
25performed by the department and to conserve the rights and
26interests of the state.
begin insertThe heading of Article 1.1 (commencing with Section
2814659) is added to Chapter 2 of Part 5.5 of Division 3 of Title 2
29of the end insertbegin insertGovernment Codeend insertbegin insert, to read:end insert
30
begin insertSection 14659 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
34read:end insert
The Department of General Services and its director
36succeed to and are vested with all the duties, powers, purposes,
37responsibilities, and jurisdiction vested in the California Victim
38Compensation and Government Claims Board, or its executive
39officer, under the following statutes as they existed on January 1,
402016:
P122 1
(a) Section 77 of the Code of Civil Procedure.
2
(b) Section 846.1 of the Civil Code.
3
(c) Sections 12117, 24618, and 89750.5 of the Education Code.
4
(d) Sections 1122 and 15512 of the Fish and Game Code.
5
(e) Sections 3955, 14978.2, and 52295 of the Food and
6Agricultural Code.
7
(f) Sections 800, 850.6, 900.2, 905.2, 905.3, 906, 911.2, 912.5,
8915, 920, 925, 927.13, 935.6, 935.7, 940.2, 965, 965.1, 965.5,
9997.1, 998, 998.2, 1151, 3515.7, 8652, 8902, 11007.6, 11014,
1011030.1, 11030.2, 11031, 11275, 13332.09, 14600, 15202, 16302.1,
1116304.6, 16383, 16431, 17051.5, 17201, 19815.4, 20163, 21223,
1221265, 26749, 68503, 68506, 68543, 68543.5, 68543.8, and 68565
13of this code.
14
(g) Sections 13052, 25370, 121265, and 121270 of the Health
15and Safety Code.
16
(h) Sections 11580.1 and 11872 of the Insurance Code.
17
(i) Sections 4724, 4725, and 4726 of the Labor Code.
18
(j) Sections 422.92, 987.9, 1557,
2786, 11163, and 11172 of the
19Penal Code.
20
(k) Sections 10301, 10306, 10308, 10311, 10326.2, and 12102.2
21of the Public Contract Code.
22
(l) Sections 4116, 4602.6, 5093.68, and 30171.2 of the Public
23Resources Code.
24
(m) Sections 4461, 14171.5, 14171.6, and 15634 of the Welfare
25and Institutions Code.
begin insertSection 14659.01 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
27to read:end insert
Notwithstanding Section 13900, whenever the term
29“California Victim Compensation and Government Claims Board,”
30the term “California Victim Compensation Boards,” or the term
31“State Board of Control” appears in any statute, regulation,
32contract, or any other code with respect to the statutory powers
33and duties of the Department of General Services described in
34Section 14659, they shall be construed to refer to the Department
35of General Services unless the context clearly requires otherwise.
begin insertSection 14659.02 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
37to read:end insert
The Department of General Services may assign
39any matter related to the statutory powers and duties of the
40Department of General Services described in Section 14659 to the
P123 1Office of Risk and Insurance Management or to any other state
2office.
begin insertSection 14659.03 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
4to read:end insert
The evidence in any investigation, inquiry, or hearing
6may be taken by the Department of General Services or, on its
7behalf, by the office designated for that purpose. Every finding,
8opinion, and order, made pursuant to an investigation, inquiry,
9or hearing, when approved or confirmed by the department, or
10office so designated, is the finding, opinion, or order of the
11Department of General Services.
begin insertSection 14659.04 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
13to read:end insert
The Office of Risk and Insurance Management, any
15state office designated pursuant to Section 14659.02, or their
16designees shall keep a full and true record of all proceedings, issue
17all necessary process, writs, warrants, and notices, and perform
18those other duties described in Section 14659.
begin insertSection 14659.05 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
20to read:end insert
The Director of General Services, the Office of Risk
22and Insurance Management, any state office designated pursuant
23to Section 14659.02, or their designees may administer oaths,
24certify to all official acts, and issue subpoenas for the attendance
25of witnesses and production of papers, books, accounts, documents,
26and testimony in any inquiries, investigations, hearings, or
27proceedings conducted in accordance with Section 14659.
begin insertSection 14659.06 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
29to read:end insert
The Department of General Services, the Office of
31Risk and Insurance Management, any state office designated
32pursuant to Section 14659.02, or their designees may administer
33oaths, examine witnesses, issue subpoenas, and receive evidence
34under such rules and regulations, pursuant to Section 14659, as
35the Department of General Services may adopt.
begin insertSection 14659.07 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
37to read:end insert
The Department of General Services shall have a
39seal, bearing the following inscription: “Department of General
40Services.” The seal shall be fixed to all writs and authentications
P124 1of copies of records and to other instruments that the department
2directs.
begin insertArticle 3.5 (commencing with Section 14691) is
4added to Chapter 2 of Part 5.5 of Division 3 of Title 2 of the end insertbegin insert5
Government Codeend insertbegin insert, to read:end insert
6
(a) For purposes of this article, the following
10definitions shall apply:
11
(1) “Acquisition” includes purchase, option to purchase, or
12lease of real property, including lease purchase or lease with
13option to purchase.
14
(2) “Planning” includes studies, suitability reports,
15environmental review, program management, and master planning.
16Services to deliver “planning” shall be considered “architectural
17and engineering services” as that term is used in Section 4529.10.
18
(3) “State project” means any planning, acquisition, design, or
19construction undertaken pursuant to this article and may include
20associated
infrastructure, parking, landscaping, and other ancillary
21components, including furnishings and equipment instrumental to
22the use of a building. “State project” does not include work done
23to the State Capitol or an office building utilized by or under the
24control of the Legislature, including work done pursuant to Article
255.2 (commencing with Section 9112) of Chapter 1.5 of Part 1 of
26Division 2.
27
(b) It is the intent of the Legislature that any state project
28authorized pursuant to this article incorporate elements
29complementary to the community in which it is sited, as well as
30elements that promote efficiency and sustainability.
(a) (1) The State Project Infrastructure Fund is hereby
32established in the State Treasury.
33
(2) Notwithstanding Section 13340, the fund is continuously
34appropriated to the department, without regard to fiscal years,
35for the following purposes:
36
(A) Subject to authorization as provided in this article, for state
37projects pursuant to this article.
38
(B) To cover the costs of the report required by Section 9112.
39
(C) (i) For transfer to the Operating Funds of the Assembly
40and Senate, to be used for the capital
outlay projects specified in
P125 1Article 5.2 (commencing with Section 9112) of Chapter 1.5 of Part
21 of Division 2.
3
(ii) Upon direction of the Director of Finance, the Controller
4shall transfer from the fund to the Operating Funds of the Assembly
5and the Senate an amount that is consistent with the budget amount
6specified in the report required by Section 9112.
7
(b) Notwithstanding any other law, the Controller may use the
8funds in the State Project Infrastructure Fund for cashflow loans
9to the General Fund as provided in Sections 16310 and 16381.
10
(c) The moneys in this fund shall be exempt from statewide
11general administrative cost recovery pursuant to Article 2
12(commencing with Section 11270) of Chapter 3 of Part 1.
13
(d) Any lease entered into pursuant to
this article is subject to
14the approval of the Department of Finance and any applicable
15notification required by subdivision (d) of Section 14694.
(a) Any state project authorized pursuant to this article
17shall be funded in whole or in part by the State Project
18Infrastructure Fund.
19
(b) Any state project authorized pursuant to this article shall
20be subject to approval and administrative oversight by the
21Department of Finance and the State Public Works Board,
22including, but not limited to, notice requirements for changes to
23the cost and scope of the state project as described in Sections
2413332.11 and 13332.19, as applicable.
(a) Prior to the development of the project scope, cost,
26and delivery method of a state project pursuant to subdivision (b),
27the department, upon approval by the Department of Finance, may
28utilize moneys in the State Project Infrastructure Fund for
29planning.
30
(b) The State Public Works Board shall establish the scope,
31cost, and delivery method for each state project.
32
(c) The Department of Finance, on behalf of the department,
33shall notify the Joint Legislative Budget Committee as follows:
34
(1) At least 20 days prior to an expenditure of funds for any
35planning activity pursuant to subdivision (b). The notice
required
36by this paragraph shall include the purpose of the planning activity
37and estimates of the costs.
38
(2) Except as provided in Section 14695, at least 60 days prior
39to the establishment of the scope, cost, and delivery method of a
40state project pursuant to subdivision (b). The notice required by
P126 1this paragraph shall have the same level of detail as a capital
2outlay budget change proposal and describe the scope, budget,
3delivery method, expected tenants, and schedule for any space to
4be constructed or renovated as part of that state project.
5
(3) At least 30 days prior to the State Public Works Board
6approval of the design of a state project, pursuant to Section
713332.11 or 13332.19, as applicable. The notice required by this
8paragraph shall include updated estimates of the project’s cost
9and schedule.
10
(4) At
least 30 days prior to entering into a contract or a lease
11arrangement for a state project that includes construction. The
12notice required by this paragraph shall include updated estimates
13of the project’s cost and schedule. A state project delivered by
14lease pursuant to this paragraph shall be exempt from Section
1513332.10.
(a) Notwithstanding Section 14694, with respect to the
17state projects specified in subdivision (b), the Department of
18Finance, on behalf of the department, shall notify the Joint
19Legislative Budget Committee at least 45 days prior to the
20establishment of the scope, cost, and delivery method of the state
21project pursuant to subdivision (b) of Section 14694. The notice
22required by this section shall have the same level of detail as a
23capital outlay budget change proposal and describe the scope,
24budget, delivery method, expected tenants, and schedule for any
25space to be constructed or renovated as part of that state project.
26
(b) This section shall only apply to a state project that is
27comprised solely of either of the following:
28
(1) Replacement of the office building that is, as of the effective
29date of the act adding this section, used by the Natural Resources
30Agency.
31
(2) Construction of an office building located on “O” Street in
32the City of Sacramento that is currently under consideration as of
33the effective date of the act adding this section.
(a) The department shall submit, on a quarterly basis,
35a report on the status of each state project established by the State
36Public Works Board pursuant to Section 14694 to the Joint
37Legislative Budget Committee and to the chairpersons of the Senate
38Committee on Budget and Fiscal Review and the Assembly
39Committee on Budget. The report shall also include the amount
P127 1of expenditures made from the State Project Infrastructure Fund
2for any state project authorized under this article.
3
(b) A report submitted pursuant to subdivision (a) shall be
4submitted in compliance with Section 9795.
The State Public Works Board shall not be deemed a
6lead or responsible agency for purposes of the California
7Environmental Quality Act (Division 13 (commencing with Section
821000) of the Public Resources Code) for any activities under this
9article. This section is declarative of existing law.
begin insertSection 15202 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
11to read:end insert
(a) A county that is responsible for the cost of a trial
13or trials or any hearing of a person for the offense of homicide
14may apply to the Controller for reimbursement of the costs incurred
15by the county in excess of the amount of money derived by the
16county from a tax of 0.0125 of 1 percent of the full value of
17property assessed for purposes of taxation within the county.
18(b) The formula in this section shall apply to any homicide trial
19in which the commission of the crime occurred on or after January
201, 2005. Homicide trials for which the crime was committed before
21January 1, 2005, shall qualify under the reimbursement statute in
22effect before that date.
23(c) The Controller shall not reimburse any county for costs that
24exceed thebegin delete California Victim Compensation and Government begin insert
Department of General Services’end insert standards for
25Claims Board’send delete
26travel and per diem expenses. The Controller may reimburse
27extraordinary costs in unusual cases if the county provides
28sufficient justification of the need for these expenditures. Nothing
29in this section shall permit the reimbursement of costs for travel
30in excess of 1,000 miles on any single round trip, without the prior
31approval of the Attorney General.
32(d) Reimbursement funds appropriated pursuant to this section
33are available for three fiscal years from the date of the
34appropriation. After three fiscal years, any unused funds shall
35revert back to the General Fund.
begin insertSection 16302.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
37to read:end insert
(a) Whenever any person pays to any state agency
39pursuant to law an amount covering taxes, penalties, interest,
40license, or other fees, or any other payment, and it is subsequently
P128 1determined by the state agency responsible for the collection
2thereof that this amount includes an overpayment of ten dollars
3($10) or less of the amount due the state pursuant to the assessment,
4levy, or charge to which the payment is applicable, the amount of
5the overpayment may be disposed of in either of the following
6ways:
7(1) The state agency responsible for the collection to which the
8overpayment relates may apply the amount of the overpayment as
9a payment by the person on any other taxes, penalties, interest,
10license, or other fees,
or any other amount due the state from that
11person if the state agency is responsible by law for the collection
12to which the overpayment is to be applied as a payment.
13(2) Upon written request of the state agency responsible for the
14collection to which the overpayment relates, the amount of the
15overpayment shall, on order of the Controller, be deposited as
16revenue in the fund in the State Treasury into which the collection,
17exclusive of overpayments, is required by law to be deposited.
18(b) Thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert may adopt rules
19Claims Boardend delete
20and regulations to permit state agencies to retain these
21overpayments where a demand for refund
permitted by law is not
22made within six months after the refund becomes due, and the
23retained overpayments shall belong to the state.
24(c) Except as provided in subdivision (b), this section shall not
25affect the right of any person making overpayment of any amount
26to the state to make a claim for refund of the overpayment, nor the
27authority of any state agency or official to make payment of any
28amount so claimed, if otherwise authorized by law.
begin insertSection 16304.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
30to read:end insert
Within the time during which the appropriation is
32available for expenditure, thebegin delete California Victim Compensation begin insert Department of General Servicesend insert
33and Government Claims Boardend delete
34 at the request of the director of the department concerned and with
35the approval of the Director of Finance, may authorize that
36unneeded funds in any appropriation for the support of an
37institution, school, or college or for family care or private home
38care or for parole supervision activities within any of the following
39departments shall be available and be deemed appropriated for the
40support of any institution, school, or college or for family care or
P129 1private home care or for parole
supervision activities within the
2same department:
3(a) Department of Corrections and Rehabilitation.
4(b) Department of the Youth Authority.
5(c) State Department of Education.
6(d) State Department of State Hospitals.
begin insertSection 16383 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
8to read:end insert
Warrants may be drawn by the Controller against the
10General Cash Revolving Fund, to the extent of the amounts
11available, in accordance with demands audited pursuant to law
12and rules and regulations prescribed from time to time by the
13begin delete California Victim Compensation and Government Claims Board,end delete
14begin insert Department of General Services,end insert and also to meet other payments
15provided by law to be made from the General Fund. The Treasurer
16may pay from the General Cash Revolving Fund the warrants so
17drawn.
begin insertSection 16431 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert
(a) Notwithstanding any other provisions of this code,
21funds held by thebegin delete stateend deletebegin insert state,end insert pursuant to a written agreement
22between the state and employees of the state to defer a portion of
23the compensation otherwise receivable by the state’s employees
24and pursuant to a plan for that deferral as adopted by the state and
25approved by thebegin delete California Victim Compensation and Government begin insert Department of General Services,end insert
may be invested
26Claims Board,end delete
27in the types of investments set forth in Sections 53601 andbegin delete 53602,end delete
28begin insert 53602end insert and may additionally be invested in corporate stocks, bonds,
29and securities, mutual funds, savings and loan accounts, credit
30union accounts, annuities, mortgages, deeds of trust, or other
31security interests in real or personal property. Nothing in this
32section shall be construed to permit any type of investment
33prohibited by the California Constitution.
34(b) Deferred compensation funds are public pension or
35retirement funds for the purposes of Section 17 of Article XVI of
36the California Constitution.
begin insertSection 17051.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert
A state agency shall notify the Treasurer not to pay
40a warrant drawn by the Controller upon that agency’s request
P130 1whenever that agency has reason to believe that the Controller has
2drawn or is about to draw his or her warrant without legal authority,
3for a larger amount than is owed by the state, or in a manner not
4in conformity with the regulations adopted by thebegin delete California Victim begin insert Department of
5Compensation and Government Claims Boardend delete
6General Servicesend insert for the presentation and audit of claims. Upon
7notification from a state agency as described in this section, the
8Treasurer shall refuse payment of the subject warrant
until he or
9she is otherwise directed by the agency or the Legislature.
begin insertSection 17201 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
11to read:end insert
Thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert may make rules
13Claims Boardend delete
14and regulations governing the issuance and sale of registered
15warrants.
begin insertSection 17518.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
17to read:end insert
(a) “Reasonable reimbursement methodology” means
19a formula for reimbursing local agencies and school districts for
20costs mandated by the state, as defined in Section 17514.
21(b) A reasonable reimbursement methodology shall be based
22on cost information from a representative sample of eligible
23claimants, information provided by associations of local agencies
24and school districts, or other projections of local costs.
25(c) A reasonable reimbursement methodology shall consider
26the variation in costs among local agencies and school districts to
27implement the mandate in a cost-efficient manner.
28(d) Whenever possible, a reasonable reimbursement
29methodology shall be based on general allocation formulas,
30uniform cost allowances, and other approximations of local costs
31mandated by the state, rather than detailed documentation of actual
32local costs. In cases when local agencies and school districts are
33projected to incur costs to implement a mandate over a period of
34more than one fiscal year, the determination of a reasonable
35reimbursement methodology may consider local costs and state
36reimbursements over a period of greater than one fiscal year, but
37not exceeding 10 years.
38
(e) (1) A reasonable reimbursement methodology that is based
39on, in whole or in part, costs that have been included in claims
P131 1submitted to the Controller for reimbursement shall only use costs
2that have been audited by the Controller.
3
(2) Upon receiving a reasonable reimbursement methodology
4proposal that is based on, in whole or in part, costs that have been
5included in claims submitted to the Controller for reimbursement,
6the Commission on State Mandates shall notify the Controller
7within 30 days of receiving the proposed reasonable reimbursement
8methodology.
9
(3) The Controller shall select and audit a representative sample
10of the claimed costs used in the proposed reasonable
11reimbursement methodology within 360 days of being notified by
12the Commission on State Mandates.
13
(4) The allowable costs reported by the Controller as a result
14of the audits shall be the costs used for the proposed reasonable
15reimbursement methodology.
16(e)
end delete
17begin insert(f)end insert A reasonable reimbursement methodology may be developed
18by any of the following:
19(1) The Department of Finance.
20(2) The Controller.
21(3) An affected state agency.
22(4) A claimant.
23(5) An interested party.
begin insert
24
(g) The Controller, in coordination with the Commission on
25State Mandates and Department of Finance, shall by October 1,
262018, prepare a report to the Legislature, in
accordance with
27Section 9795, regarding implementation of the new reasonable
28reimbursement process.
29
(h) The appropriate policy committees in each house of the
30Legislature shall hold hearings on the report referenced in
31subdivision (g).
32
(i) This section shall remain in effect only until July 1, 2019,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before July 1, 2019, deletes or extends that date.
begin insertSection 17518.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
36to read:end insert
(a) “Reasonable reimbursement methodology” means
38a formula for reimbursing local agencies and school districts for
39costs mandated by the state, as defined in Section 17514.
P132 1
(b) A reasonable reimbursement methodology shall be based
2on cost information from a representative sample of eligible
3claimants, information provided by associations of local agencies
4and school districts, or other projections of local costs.
5
(c) A reasonable reimbursement methodology shall consider
6the variation in costs among local agencies and school districts
7to implement
the mandate in a cost-efficient manner.
8
(d) Whenever possible, a reasonable reimbursement
9methodology shall be based on general allocation formulas,
10uniform cost allowances, and other approximations of local costs
11mandated by the state, rather than detailed documentation of actual
12local costs. In cases when local agencies and school districts are
13projected to incur costs to implement a mandate over a period of
14more than one fiscal year, the determination of a reasonable
15reimbursement methodology may consider local costs and state
16reimbursements over a period of greater than one fiscal year, but
17not exceeding 10 years.
18
(e) A reasonable reimbursement methodology may be developed
19by any of the following:
20
(1) The Department of Finance.
21
(2) The Controller.
22
(3) An affected state agency.
23
(4) A claimant.
24
(5) An interested party.
25
(f) This section shall become operative on July 1, 2019.
26
(Amended by Stats. 2007, Ch. 329, Sec. 1. Effective January 1,
272008.)
begin insertSection 18708 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert
The board shall cooperate with the Director of Finance,
31the Department of Human Resources,begin delete the California Victim the Controller, and
32Compensation and Government Claims Board,end delete
33other statebegin delete agencies,end deletebegin insert agenciesend insert in matters not covered by thisbegin delete part,end delete
34begin insert partend insert and not inconsistent with thisbegin delete part,end deletebegin insert
partend insert to promote the efficient
35and economical administration of the state’s business.
begin insertSection 19815.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
37to read:end insert
The director shall do all of the following:
39(a) Be responsible for the management of the department.
40(b) Administer and enforce the laws pertaining to personnel.
P133 1(c) Observe and report to the Governor on the conditions of the
2nonmerit aspects of personnel.
3(d) Formulate, adopt, amend, or repeal rules, regulations, and
4general policies affecting the purposes, responsibilities, and
5jurisdiction of the department and that are consistent with the law
6and necessary for personnel administration.
7All regulations
relating to personnel administration heretofore
8adopted pursuant to this part by the State Personnel Board,
9California Victim Compensationbegin delete and Government Claimsend delete
Board,
10begin insert theend insert
Department of General Services, and the Department of
11Finance, and in effect on the operative date of this part, shall remain
12in effect and shall be fully enforceable unless and until readopted,
13amended, or repealed by the director.
14(e) Hold hearings, subpoena witnesses, administer oaths, and
15conduct investigations concerning all matters relating to the
16department’s jurisdiction.
17(f) Act on behalf of the department and delegate powers to any
18authorized representative.
19(g) Serve as the Governor’s designated representative pursuant
20to Section 3517.
21(h) Perform any other duties that may be prescribed by law, and
22any other administrative and executive duties that have by other
23provisions of law been previously
imposed.
begin insertSection 20163 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
25to read:end insert
(a) If more or less than the correct amount of
27contribution required of members, the state, or any contracting
28agency, is paid, proper adjustment shall be made in connection
29with subsequent payments, or the adjustments may be made by
30direct cash payments between the member, state, or contracting
31agency concerned and the board or by adjustment of the employer’s
32rate of contribution. Adjustments to correct any other errors in
33payments to or by the board, including adjustments of
34contributions, with interest, that are found to be erroneous as the
35result of corrections of dates of birth, may be made in the same
36manner. Adjustments to correct overpayment of a retirement
37allowance may also be made by adjusting the allowance so that
38the retired person or the retired person and his or her
beneficiary,
39as the case may be, will receive the actuarial equivalent of the
40allowance to which the member is entitled. Losses or gains
P134 1resulting from error in amounts within the limits set by the
2begin delete California Victim Compensation and Government Claims Boardend delete
3begin insert Department of General Servicesend insert for automatic writeoff, and losses
4or gains in greater amounts specifically approved for writeoff by
5thebegin delete California Victim Compensation and Government Claims begin insert Department of General Services,end insert shall be debited or
6Board,end delete
7credited, as the case may be, to the reserve against deficiencies in
8interest earned in other years, losses under investments, and
other
9contingencies.
10(b) No adjustment shall be made because less than the correct
11amount of normal contributions was paid by a member if the board
12finds that the error was not known to the member and was not the
13result of erroneous information provided by him or her to this
14system or to his or her employer. The failure to adjust shall not
15preclude action under Section 20160 correcting the date upon
16which the person became a member.
17(c) The actuarial equivalent under this section shall be computed
18on the basis of the mortality tables and actuarial interest rate in
19effect under this system on December 1, 1970, for retirements
20effective through December 31, 1979. Commencing with
21retirements effective January 1, 1980, and at corresponding 10-year
22intervals thereafter, or more frequently at the board’s discretion,
23the board shall change the basis for calculating actuarial equivalents
24
under this article to agree with the interest rate and mortality tables
25in effect at the commencement of each 10-year or succeeding
26interval.
begin insertSection 21223 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert
A retired person may serve without reinstatement from
30retirement or loss or interruption of benefits provided under this
31system upon approval of the Director of Human Resources or the
32governing body of a contracting agency, as the case may be, under
33employment by any state or contracting agency in which he or she
34previously served while a member of this system, where by reason
35of actual litigation, or a proceeding before thebegin delete California Victim begin insert Department of
36Compensation and Government Claims Boardend delete
37General Servicesend insert or the governing body of a contracting agency,
38as the case may be, or where the state or contracting agency desires
39to perpetuate testimony in
connection with any anticipated litigation
40involving the state or contracting agency, and adverse interests,
P135 1the services of the person are or may be necessary in preparing for
2trial or in testifying as to matters within or based upon his or her
3knowledge acquired while employed. He or she may be paid a per
4diem and actual and necessary traveling expenses, but he or she
5shall not be paid at a greater rate of compensation per diem than
6the rate ordinarily paid other persons by state agencies or the
7contracting agency for similar services. However, there shall be
8deducted from the per diem compensation sums equal to the
9retirement annuity allocable to the days of actual employment
10under this section.
begin insertSection 21265 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert
Retired members of this system, and beneficiaries who
14are entitled to receive allowances or benefits under this part, may
15authorize deductions to be made from their retirement allowance
16payments or from the allowances and benefits, respectively, or
17from either or both when both are being received in accordance
18with regulations established by the board for the payment of
19charitable contributions under any plan approved by the board. In
20lieu of approving individual plans, the board, at its discretion, may
21adopt by reference those plans approved by thebegin delete California
Victim
22Compensation and Government Claims Boardend delete
23General Servicesend insert under Section 13923. The board shall determine
24the additional cost involved in making deductions under this
25section, and the agency to receive the contributions shall pay the
26amount of the additional cost to the board for deposit in the
27retirement fund.
begin insertSection 22910 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert
(a) There shall be maintained in the State Treasury the
31Public Employees’ Contingency Reserve Fund. The board may
32invest funds in the Public Employees’ Contingency Reserve Fund
33in accordance with thebegin delete provisions ofend delete law governing its investment
34of the retirement fund.
35(b) (1) An account shall be maintained within the Public
36Employees’ Contingency Reserve Fund with respect to the health
37benefit plans the board has approved or that have entered into a
38contract with the board. The account shall be credited, from time
39to time and in amounts as determined by the board, with moneys
40contributed under Section 22885 or 22901 to provide an adequate
P136 1contingency reserve.
The income derived from any dividends, rate
2adjustments, or other funds received from a health benefit plan
3shall be credited to the account. The board may deposit, in the
4same manner as provided in paragraph (4), up to one-half of 1
5percent of premiums in the account for purposes of cost
6containment programs, subject to approval as provided in paragraph
7(2) of subdivision (c).
8(2) The account for health benefit plans may be utilized to defray
9increases in future rates, to reduce the contributions of employees
10and annuitants and employers, to implement cost containment
11programs, or to increase the benefits provided by a health benefit
12plan, as determined by the board. The board may use penalties and
13interest deposited pursuant to subdivision (c) of Section 22899 to
14pay any difference between the adjusted rate set by the board
15pursuant to Section 22864 and the applicable health benefit plan
16contract rates.
17(3) The total credited to the account for health benefit plans at
18any time shall be limited, in the manner and to the extent the board
19may find to be most practical, to a maximum of 10 percent of the
20total of the contributions of the employers and employees and
21annuitants in any fiscal year. The board may undertake any action
22to ensure that the maximum amount prescribed for the fund is
23approximately maintained.
24(4) Board rules and regulations adopted pursuant to Section
2522831 to minimize the impact of adverse selection or contracts
26entered into pursuant to Section 22864 to implement health benefit
27plan performance incentives may provide for deposit in and
28disbursement to carriers or to Medicare from the account the
29portion of the contributions otherwise payable directly to the
30carriers by the Controller under Section 22913 as may be required
31for that purpose. The deposits shall not
be included in applying
32the limitations, prescribed in paragraph (3), on total amounts that
33may be deposited in or credited to the fund.
34(5) Notwithstanding Section 13340, all moneys in the account
35for health benefit plans are continuously appropriated without
36regard to fiscal year for the purposes provided in this subdivision.
37(c) (1) An account shall also be maintained in the Public
38Employees’ Contingency Reserve Fund for administrative expenses
39consisting of funds deposited for this purpose pursuant to Sections
4022885 and 22901.
P137 1(2) The moneys deposited pursuant to Sections 22885 and 22901
2in the Public Employees’ Contingency Reserve Fund may be
3expended by the board for administrative purposes, provided that
4the expenditure is approvedbegin delete byend deletebegin insert
inend insert thebegin delete Department of Finance and begin insert annual Budget Act.end insert
5the Joint Legislative Budget Committee in the manner provided
6in the Budget Act for obtaining authorization to expend at rates
7requiring a deficiency appropriation, regardless of whether the
8expenses were anticipated.end delete
9(d) An account shall be maintained in the Public Employees’
10Contingency Reserve Fund for the contributions required pursuant
11to Section 22870. Notwithstanding Section 13340, the funds are
12continuously appropriated, without regard to fiscal year, for the
13payment of premiums or other charges to carriers or the Public
14Employees’ Health Care Fund. This subdivision shall not apply
15to state administrative costs, which shall continue to be subject to
16
Section 13340.
17(e) An account shall be maintained in the Public Employees’
18Contingency Reserve Fund for the contributions required pursuant
19to Section 22890 and for payments made pursuant to subdivision
20(f) of Section 22850. Notwithstanding Section 13340, the funds
21are continuously appropriated, without regard to fiscal year, for
22the payment of premiums or other charges to carriers or the Public
23Employees’ Health Care Fund. Penalties and interest paid pursuant
24to subdivision (c) of Section 22899 shall be deposited in the
25account pursuant to paragraphs (1) and (2) of subdivision (b).
26(f) Accounts shall be maintained in the Public Employees’
27Contingency Reserve Fund for complementary annuitant premiums
28and related administrative expenses paid by annuitants pursuant
29to Section 22802. Notwithstanding Section 13340, the funds are
30continuously appropriated, without regard to fiscal
year, to
31reimburse the Public Employees’ Retirement Fund, the Judges’
32Retirement Fund, the Judges’ Retirement Fund II, and the
33Legislators’ Retirement Fund, as applicable, for payment of
34annuitant health premiums, and for the payment of premiums and
35other charges to carriers or to the Public Employees’ Health Care
36Fund. Administrative expenses deposited in this account shall be
37credited to the account provided by subdivision (c).
38(g) Amounts received by the board for retiree drug subsidy
39payments that are attributed to contracting agencies and their
40annuitants and employees pursuant to subdivision (c) of Section
P138 122910.5 shall be deposited in the Public Employees’ Contingency
2Reserve Fund. Notwithstanding Section 13340, these amounts are
3continuously appropriated, without regard to fiscal year, for the
4payment of premiums, costs, contributions, or other benefits related
5to contracting agencies and their employees and annuitants, and
6as
consistent with the Medicare Prescription Drug Improvement
7and Modernization Act, as amended.
8(h) The Account for Retiree Drug Subsidy Payments is hereby
9established in the Public Employees’ Contingency Reserve Fund
10and funds in that account shall, upon appropriation by the
11Legislature, be used for the purposes described in Section 22910.5.
12(i) Notwithstanding any other law, the Controller may use the
13moneys in the Public Employees’ Contingency Reserve Fund for
14loans to the General Fund as provided in Sections 16310 and
1516381. However, interest shall be paid on all moneys loaned to
16the General Fund from the Public Employees’ Contingency Reserve
17Fund. Interest payable shall be computed at a rate determined by
18the Pooled Money Investment Board to be the current earning rate
19of the fund from which loaned. This subdivision does not authorize
20any transfer that will interfere with the
carrying out of the object
21for which the Public Employees’ Contingency Reserve Fund was
22created.
begin insertSection 22911 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
24to read:end insert
(a) There shall be maintained in the State Treasury the
26Public Employees’ Health Care Fund to fund the health benefit
27plans administered or approved by the board. The board may invest
28funds in the Public Employees’ Health Care Fund in accordance
29with the provisions of law governing its investment of the
30retirement fund.
31(b) The Public Employees’ Health Care Fund shall consist of
32the following:
33(1) Any self-funded or minimum premium plan premiums paid
34by contracting agencies, the state and enrolled employees,
35annuitants, and family members, including premiums paid directly
36for continuation coverage authorized under the Consolidated
37Omnibus Budget Reconciliation Act, and as authorized by this
38
part.
39(2) Any reserve moneys from terminated health benefit plans
40designated by the board.
P139 1(3) Any moneys from a health benefit plan for risk adjustment
2pursuant to Section 22864.
3(c) Income earned on the Public Employees’ Health Care Fund
4shall be credited to the fund.
5(d) Notwithstanding Section 13340, the Public Employees’
6Health Care Fund is continuously appropriated, without regard to
7fiscal years, to pay benefits and claimsbegin delete costs, the costs of begin insert costs forend insert self-funded or minimum premium health
8administeringend delete
9benefit plans,begin insert
andend insert refunds to those who made direct premium
10
begin delete payments, and other costs as the board may determine necessary, begin insert
payments.end insert
11consistent with its fiduciary duty.end delete
12
(e) The moneys deposited in the Public Employees’ Health Care
13Fund may be expended by the board for administrative purposes
14provided that the expenditure is approved in the annual Budget
15Act.
16(e)
end delete
17begin insert(f)end insert The Legislature finds and declares that the Public Employees’
18Health Care Fund is a trust fund held for the exclusive benefit of
19enrolled employees, annuitants, family members, the self-funded
20plan administrator, and those contracting to provide medical and
21
hospital care services.
22(f)
end delete
23begin insert(g)end insert Notwithstanding subdivisions (d) andbegin delete (e),end deletebegin insert (f),end insert the board may
24use reserves generated by one or more self-funded health benefit
25plans for risk adjustment programs and procedures pursuant to
26paragraph (3) of subdivision (f) of Section 22850 and paragraph
27(5) of subdivision (b) of Section 22864.
begin insertSection 26749 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
29to read:end insert
The sheriff shall receive expenses necessarily incurred
31in conveying persons to and from the state hospitals and in
32conveying persons to and from the state prisons or other state
33institutions, or to other destinations for the purpose of deportation
34to other states, or in advancing actual traveling expenses to any
35person committed to a state institution who is permitted to report
36to an institution without escort, which expenses shall be allowed
37as provided by Chapter 6 (commencing with Section 4750) of Title
385 of Part 3 of the Penal Code for cases subject to that chapter, and,
39otherwise, by thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert
and paid by the
P140 1Claims Boardend delete
2state.
begin insertSection 68503 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
4to read:end insert
Members of committees appointed pursuant to Section
668501 shall receive no compensation from the state for their
7services. When called into session by the Chairperson of the
8Judicial Council, members shall receive their actual and necessary
9expenses for travel, board, and lodging, which shall be paid from
10the funds appropriated to the use of the council. These expenses
11shall be approved in the manner that the council directs, and shall
12be audited by the Controller in accordance with the rules of the
13
begin delete California Victim Compensation and Government Claims Board.end delete
14
begin insert Department of General Services.end insert
begin insertSection 68506 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert
All salaries and expenses incurred by the council
18pursuant to this article, including the necessary expenses for travel,
19board, and lodging of the members of the council and its officers,
20assistants, and other employees incurred in the performance of the
21duties and business of the council, shall be paid from the funds
22appropriated for the use of the council. The salaries and expenses
23shall be approved in the manner that the council directs, and shall
24be audited by the Controller in accordance with the rules of the
25
begin delete California Victim Compensation and Government Claims Board.end delete
26
begin insert Department of General Services.end insert
begin insertSection 68543 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert
The extra compensation and expenses for travel, board,
30and lodging of judges sitting in the Supreme Court and courts of
31appeal under assignments made by the Chairperson of the Judicial
32Council shall be paid by the state under the rules adopted by the
33begin delete California Victim Compensation and Government Claims Boardend delete
34begin insert Department of General Servicesend insert that are applicable to officers of
35the state provided for in Article VI of the California Constitution
36while traveling on official state business.
begin insertSection 68543.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert
(a) Whenever a judge who has retired under the
40Judges’ Retirement System or the Judges’ Retirement System II
P141 1is assigned to serve in a court of record, the state shall pay the
2judge for each day of service in the court in the amount specified
3in Section 68543.7, without loss or interruption of retirement
4benefits, unless the judge waives compensation under this section.
5Whenever a retired judge of a justice court who is not a member
6of the Judges’ Retirement System nor the Judges’ Retirement
7System II is assigned to serve in a court of record, the state shall
8pay the judge for each day of service in the court in the amount
9specified in Section 68543.7, or the compensation specified in
10Section 68541, whichever is greater. The compensation shall be
11paid by the Judicial Council out of
any appropriation for extra
12compensation of judges assigned by the Chairperson of the Judicial
13Council.
14(b) If a judge who has retired under the Judges’ Retirement
15System or the Judges’ Retirement System II is assigned to serve
16in a court of record, the 8-percent difference between the
17compensation of the retired judge while so assigned and the
18compensation of a judge of the court to which the retired judge is
19assigned shall be paid to the Judges’ Retirement Fund or the
20Judges’ Retirement System II Fund, as applicable.
21(c) During the period of assignment, a retired judge shall be
22allowed expenses for travel, board, and lodging incurred in the
23discharge of the assignment. When assigned to sit in the county
24in which he or she resides, the judge shall be allowed expenses for
25travel and board incurred in the discharge of the assignment. The
26expenses for travel, board, and lodging
shall be paid by the state
27under the rules adopted by thebegin delete California Victim Compensation begin insert
Department of General Servicesend insert
28and Government Claims Boardend delete
29 that are applicable to officers of the state provided for in Article
30VI of the California Constitution while traveling on official state
31business.
32(d) Notwithstanding subdivisions (a), (b), and (c) pertaining to
33compensation, a retired judge on senior judge status shall receive
34compensation from the state as provided in Sections 75028 and
3575028.2, and shall be allowed expenses for travel, board, and
36lodging incurred in the discharge of the assignment as provided
37in this section.
begin insertSection 68543.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert
(a) The Legislature finds that there is a shortage of
2judicial officers available to provide temporary assistance to courts
3in rural counties, under assignment by the chief justice. When
4courts are unable to obtain temporary assistance, delay of both
5civil trials and case settlements occur. The availability of an
6assigned judge can substantially reduce these delays. The purpose
7of this section is to make judicial assistance more available.
8(b) The Judicial Council shall contract with up to 10 retired
9judges who shall be available to be assigned up to 110 court days
10each year by the Chairperson of the Judicial Council to courts in
11counties that have requested these judges for purposes of reducing
12delays in civil trials
in those courts. If counties request more than
1310 retired judges pursuant to this section, the Judicial Council shall
14give priority in assigning the retired judges to counties with fewer
15than 10 judges.
16A judge under contract pursuant to this section shall serve as
17assigned during the period of the contract and waives any right to
18refuse assignment as otherwise provided by law. This section shall
19not be construed to limit the authority of the Chief Justice to make
20assignments to expedite judicial business and to equalize the
21workload of judges.
22(c) Notwithstanding Section 68543.5, each judge under contract
23pursuant to this section shall receive one-half of the daily salary
24of a superior court judge for each day of service, in addition to any
25retirement benefits to which the judge may be entitled.
26(d) The assigned judge’s salary shall be
paid by the state. A
27retired judge under contract pursuant to this section shall be
28allowed expenses for travel, board, and lodging incurred in the
29discharge of each assignment. When assigned to sit in the county
30in which he or she resides, the judge shall be allowed necessary
31and reasonable expenses for travel and board incurred in the
32discharge of the assignment. The expenses for travel, board, and
33lodging shall be paid by the state under the rules adopted by the
34begin delete California Victim Compensation and Government Claims Boardend delete
35begin insert Department of General Servicesend insert that are applicable to officers of
36the state provided for in Article VI of the California Constitution
37while traveling on official state business.
begin insertSection 68565 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
39to read:end insert
(a) The Judicial Council may establish a court
2interpreters advisory panel to assist the council in performing its
3duties under this article. The panel shall include a majority of court
4interpreters and may include judges and court administrators,
5members of the bar, and others interested in interpreter services
6in the courts. The panel shall develop operating guidelines and
7procedures for Judicial Council approval.
8(b) The panel shall seek the advice of judges, attorneys, court
9administrators, court interpreters, providers of legal services, and
10individuals and organizations representing the interests of foreign
11language users.
12(c) Panel members shall
receive no compensation for their
13services but shall be allowed necessary expenses for travel, board,
14and lodging incurred in the discharge of their duties under the rules
15adopted by thebegin delete California Victim Compensation and Government begin insert Department of General Services.end insert
16Claims Board.end delete
begin insertSection 1492 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
18amended to read:end insert
A county hospital shall provide persons examined or
20treated in connection with rape or other sexual assaults with
21information regarding assistance which may be provided pursuant
22to Article 1 (commencing with Section 13959) of Chapter 5 of
23Part 4 of Division 3 of Title 2 of the Government Code, together
24with forms made available by thebegin delete Stateend deletebegin insert California Victim
25Compensationend insert Boardbegin delete of Controlend delete for filing of claims thereunder.
begin insertSection 11502 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert
(a) All moneys, forfeited bail, or fines received by any
29court under this division shall as soon as practicable after the
30receipt thereof be deposited with the county treasurer of the county
31in which the court is situated. Amounts so deposited shall be paid
32at least once a month as follows: 75 percent to the State Treasurer
33by warrant of the county auditor drawn upon the requisition of the
34clerk or judge of the court to be deposited in the State Treasury
35on order of thebegin delete Stateend delete Controller; and 25 percent to the city treasurer
36of the city, if the offense occurred in a city, otherwise to the
37treasurer of the county in which the prosecution is conducted.
38(b) Any money deposited in the State Treasury under this section
39that is determined by thebegin delete Stateend delete Controller to have been erroneously
40deposited therein shall be refunded by him orbegin delete her, subject to the begin insert herend insert out of any
P144 1approval of the California Victim Compensation and Government
2Claims Board prior to the payment of the refund,end delete
3moneys in the State Treasury that are available by law for that
4purpose.
begin insertSection 13052 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6amended to read:end insert
(a) The public entity rendering the service may present
8a claim to the public entity liable therefor. If the claim is approved
9by the head of the fire department, if any, in the public entity to
10which the claim is presented, and by its governing body, it shall
11be paid in the same manner as other charges and if the claim is not
12paid, an action may be brought for its collection.
13(b) Notwithstanding any other provision of this section, any
14claims against the state shall be presented to thebegin delete California Victim begin insert Department of
15Compensation and Government Claims Boardend delete
16
General Servicesend insert in accordance with Part 3 (commencing with
17Section 900) and Part 4 (commencing with Section 940) of Division
183.6 of Title 1 of the Government Code.
begin insertSection 25370 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20repealed.end insert
“Board” as used in this article, means the California
22Victim Compensation and Government Claims Board.
begin insertSection 25372 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
24amended to read:end insert
Any person may apply to thebegin delete board,end deletebegin insert Department of
26General Servicesend insert pursuant to Section 25373, for compensation of
27a loss caused by the release, in California, of a hazardous substance
28if any of the following conditions are met:
29(a) The source of the release of the hazardous substance, or the
30identity of the party liable for damages in connection therewith or
31responsible for the costs of removal of the hazardous substance,
32is unknown or cannot, with reasonable diligence, be determined.
33(b) The loss was not compensable pursuant to law, including
34Chapter 6.5 (commencing with Section 25100), because there is
35no liable party or the judgment could not be satisfied, in whole or
36part, against the party determined to be liable for the release of the
37hazardous substance.
38(c) The person has presented a written demand for
39compensation, which sets forth the basis for the claim, to the party
40which the person reasonably believes is liable for a loss specified
P145 1in paragraph (1) of subdivision (a) of Section 25375 which was
2incurred by that person and is compensable pursuant to this article,
3the person has presented thebegin delete boardend deletebegin insert Department of General Servicesend insert
4 with a copy of the demand, and, within 60 days after presenting
5the demand, the party
has either rejected, in whole or in part, the
6demand to be compensated for a loss specified in paragraph (1) of
7subdivision (a) of Section 25375, or has not responded to the
8demand. Only losses specified in paragraph (1) of subdivision (a)
9of Section 25375 are compensable under a claim filed pursuant to
10this subdivision.
begin insertSection 25373 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert
Thebegin delete boardend deletebegin insert Department of General Servicesend insert shall
14prescribe appropriate forms and procedures for claims filed
15pursuant to this article, which shall include, as a minimum, all of
16the following:
17(a) A provision requiring the claimant to make a sworn
18verification of the claim to the best of his or her knowledge.
19(b) A full description, supported by appropriate evidence from
20government agencies of the release of the hazardous substance
21claimed to be the cause of the physical injury or illness or
loss of
22income.
23(c) Certification by the claimant of dates and places of residence
24for the five years preceding the date of the claim.
25(d) Certification of the medical history of the claimant for the
26five years preceding the date of the claim, along with certification
27of the alleged physical injury or illness and expenses for the
28physical injury or illness. The certification shall be made by
29hospitals, physicians, or other qualified medical authorities.
30(e) The claimant’s income as reported on the claimant’s federal
31income tax return for the preceding three years in order to compute
32lost wages or income.
33(f) Any person who knowingly gives, or causes to be given,
34any false information as a part of any such claim shall be guilty
35of a misdemeanor and
shall, upon conviction, be fined up to five
36thousand dollars ($5,000), or imprisoned for not more than one
37year, or both.
begin insertSection 25374 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39amended to read:end insert
All decisions rendered by thebegin delete boardend deletebegin insert Department of
2General Servicesend insert shall be in writing, with notification to all
3appropriate parties, and shall be rendered within 90 days of
4submission of a claim to thebegin delete boardend deletebegin insert Department of General Servicesend insert
5 unless all the parties to the claim agree in writing to an extension
6of time. The decision shall be considered a final agency action for
7the purposes of judicial review of the decision by any
party to the
8proceedings resulting in the decision.
begin insertSection 25375 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
10amended to read:end insert
(a) If thebegin delete boardend deletebegin insert Department of General Servicesend insert makes
12the determination, specified in subdivision (b), that losses resulted
13from the claimant’s damages, injury, or disease, only the following
14losses are compensable pursuant to this article:
15(1) One hundred percent of uninsured, out-of-pocket medical
16expenses, for up to three years from the onset of treatment.
17(2) Eighty percent of any uninsured, actual lost wages, or
18business income in lieu of wages, caused by injury to
the claimant
19or the claimant’s property, not to exceed fifteen thousand dollars
20($15,000) per year for three years.
21(3) One hundred percent of uninsured, out-of-pocket expenses
22for remedial action on the claimant’s property undertaken to
23address a release of a hazardous substance when all of the following
24apply:
25(A) The claimant’s property is an owner-occupied single-family
26residence.
27(B) The remedial action was ordered by federal, state, or local
28authorities due to a release of a hazardous substance.
29(C) The department makes one of the following determinations:
30(i) The release of the hazardous substance originated outside
31the boundaries of the property.
32(ii) The release of the hazardous substance occurred on the
33property, was the result of an action which violated state or federal
34law, and the responsible party cannot be identified or cannot be
35located, or a judgment against the responsible party cannot be
36satisfied.
37The maximum compensation under this paragraph is limited to
38twenty-five thousand dollars ($25,000) per residence and to one
39hundred thousand dollars ($100,000) for five contiguous residential
40properties. Any compensation provided shall be reduced by the
P147 1amount that the remedial action results in a capital improvement
2to the claimant’s residence.
3(4) One hundred percent of the fair market value of
4owner-occupied real property that is rendered permanently unfit
5for occupancy because of the release of a hazardous substance.
6For purposes of this paragraph, real property is rendered
7
permanently unfit for occupancy only if a state or federal agency
8requires that it be evacuated for a period of six or more months
9because of the release of a hazardous substance. The fair market
10value of the real property shall be determined by an independent
11appraiser, and shall be considered by the independent appraiser as
12being equal to the value of the real property prior to the release of
13the hazardous substance that caused the evacuation of the property.
14Where compensation is made by thebegin delete boardend deletebegin insert Department of General
15Servicesend insert pursuant to this paragraph, sole ownership of the real
16property shall be transferred to the state and any proceeds resulting
17from the final disposition of the real property shall be deposited
18into the state account, for expenditure by the department upon
19appropriation by the Legislature. To be
eligible for compensation
20pursuant to this paragraph, claims for compensation shall be made
21within 12 months of the date on which the evacuation was ordered.
22(5) One hundred percent of the expenses incurred due to the
23evacuation of a residence ordered by a state or federal agency. For
24purposes of this paragraph, “evacuation expenses” include the cost
25of shelter and any other emergency expenditures incurred due to
26an evacuation ordered by a state or federal agency. Thebegin delete boardend delete
27begin insert Department of General Servicesend insert may provide compensation,
28pursuant to this paragraph, only if it finds that the evacuation
29expenses represent reasonable costs for the goods or services
30purchased, and would not have been incurred if an evacuation
31caused by a hazardous substance release
had not occurred. The
32begin delete boardend deletebegin insert
Department of General Servicesend insert may provide compensation
33for these evacuation expenses only if they were incurred within
3412 months from the date on which evacuation was ordered.
35(b) A loss specified in subdivision (a) is compensable if the
36begin delete boardend deletebegin insert Department of General Servicesend insert makes all of the following
37findings, based upon a preponderance of the evidence:
38(1) A release of a hazardous substance occurred.
39(2) The claimant or the claimant’s property was exposed to the
40release of the hazardous substance.
P148 1(3) The exposure of the
claimant to the release of the hazardous
2substance was of such a duration, and to such a quantity of the
3hazardous substance, that the exposure caused the damages, injury,
4or disease which resulted in the claimant’s loss.
5(4) For purposes of paragraphs (4) and (5) of subdivision (a),
6the hazardous substance release, or the order which resulted in the
7claim for compensation occurred on or after January 1, 1986.
8(5) The conditions and requirements of this article including,
9but not limited to, the conditions of Sections 25372 and 25373,
10have been met.
11(c) No money shall be used for the payment of any claim
12authorized by this chapter, where the claim is the result of
13long-term exposure to ambient concentrations of air pollutants.
begin insertSection 25375.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
15amended to read:end insert
(a) Except as specified in subdivision (b), the
17procedures specified in Article 8 (commencing with Section
1811435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and
19in Section 11513 of, the Government Code apply to the proceedings
20conducted by thebegin delete boardend deletebegin insert Department of General Servicesend insert pursuant
21to this article.
22(b) Notwithstanding subdivision (a), Sections 801, 802, 803,
23804, and 805 of the Evidence Code apply to the proceedings
24conducted by thebegin delete boardend deletebegin insert
Department of General Servicesend insert pursuant
25to this article.
26(c) Thebegin delete boardend deletebegin insert Department of General Servicesend insert may consider
27evidence presented by any person against whom a demand was
28made pursuant to subdivision (c) of Section 25372. The evidence
29presented by that person shall become a part of the record upon
30which thebegin delete board’send deletebegin insert Department of General Services’end insert decision shall
31be based.
begin insertSection 25376 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
33amended to read:end insert
No claim may be presented to thebegin delete boardend deletebegin insert Department
35of General Servicesend insert pursuant to this article later than three years
36from the date of discovery of the loss or from January 1, 1982,
37whichever is later.
begin insertSection 25377 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39amended to read:end insert
Nothing in this article shall require, or be deemed to
2require, pursuit of any claim against thebegin delete boardend deletebegin insert Department of
3General Servicesend insert as a condition precedent to any other remedy.
begin insertSection 25379 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
5amended to read:end insert
(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 thebegin delete boardend deletebegin insert Department of General
12Servicesend insert pursuant to this article.
13(2) A decision made by thebegin delete boardend deletebegin insert
Department of General
14Servicesend insert
to admit or not admit any evidence.
15(3) Any finding of fact or conclusion of law entered by thebegin delete boardend delete
16begin insert Department of General Servicesend insert 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 thebegin delete boardend deletebegin insert
Department of General Servicesend insert for
26any act, decision, or failure to act on a claim submitted by the
27claimant.
begin insertSection 25380 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
29amended to read:end insert
Compensation of any loss pursuant to this article shall
31be subject to the state’s acquiring, by subrogation, all rights of the
32claimant to recover the loss from the party determined to be liable
33therefor. Upon the request of thebegin delete board,end deletebegin insert Department of General
34Services,end insert the Attorney General shall commence an action in the
35name of the people of the State of California to recover any amount
36paid in compensation for any loss pursuant to this article against
37any party who is liable to the claimant for any loss compensable
38pursuant to this article in accordance with the procedures set forth
39in Sections 25360 to 25364,
inclusive. Moneys recovered pursuant
40to this section shall be deposited in the state account.
begin insertSection 25381 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert
(a) Thebegin delete boardend deletebegin insert Department of General Servicesend insert shall,
4in consultation 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 thebegin delete boardend deletebegin insert
Department of General
12Servicesend insert
pursuant 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
15begin delete boardend deletebegin insert Department of General Servicesend insert for the payment of awards
16pursuant to this article.
17(d) Claims against or presented to thebegin delete boardend deletebegin insert Department of
18General Servicesend insert shall not be paid in excess of the amount of
19money appropriated for this purpose from the state account. These
20claims shall be paid only
when additional money is collected,
21appropriated, or otherwise added to that account.
begin insertSection 25382 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert
Thebegin delete boardend deletebegin insert Department of General Servicesend insert may expend
25from the state account those sums of money as are reasonably
26necessary to administer and carry out this article.
begin insertSection 121270 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
28amended to read:end insert
(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) “Board” means the California Victim Compensation and
39Government Claims Board.
40(3)
end delete
P151 1begin insert(2)end insert “Damages for personal injuries” means the direct medical
2costs for the care and treatment of injuries to any person, including
3a person entitled to recover damages under Section 377 of the
4Code of Civil Procedure, proximately caused by an AIDS vaccine,
5the loss of earnings caused by the injuries, and the amount
6necessary, but not to exceed five hundred fifty thousand dollars
7($550,000), to compensate for noneconomic losses, including pain
8and suffering caused by the injuries.
9(4)
end delete
10begin insert(3)end insert “Fund” means the
AIDS Vaccine Victims Compensation
11Fund.
12(c) Thebegin delete boardend deletebegin insert
Department of General Servicesend insert
shall pay from
13the fund, contingent entirely upon the availability of moneys as
14provided in subdivision (o), damages for personal injuries caused
15by an AIDS vaccine that is sold in or delivered in California, and
16administered or dispersed in California to the injured person except
17that no payment shall be made for any of the following:
18(1) Damages for personal injuries caused by the vaccine to the
19extent that they are attributable to the comparative negligence of
20the person making the claim.
21(2) Damages for personal injuries in any instance when the
22manufacturer has been found to be liable for the injuries in a court
23of law.
24(3) Damages for personal injuries due to a vaccination
25administered during a clinical trial.
26(d) An application
for payment of damages for personal injuries
27shall be made on a form prescribed by thebegin delete boardend deletebegin insert
Department of
28General Servicesend insert within one year of the date that the injury and
29its cause are discovered. This application may be required to be
30verified. Upon receipt, thebegin delete boardend deletebegin insert Department of General Servicesend insert
31 may require the submission of additional information necessary
32to evaluate the claim.
33(e) (1) Within 45 days of the receipt of the application and the
34submission of any additional information, thebegin delete boardend deletebegin insert
Department
35of General Servicesend insert shall do either of the following:
36(A) Allow the claim in whole or part.
37(B) Disallow the claim.
38(2) In those instances of unusual hardship to the victim, the
39board may grant an emergency award to the injured person to cover
P152 1immediate needs upon agreement by the injured person to repay
2in the event of a final determination denying the claim.
3(3) If the claim is denied in whole or part, the victim may apply
4within 60 days of denial for a hearing. The hearing shall be held
5within 60 days of the request for a hearing unless the injured person
6requests a later hearing.
7(f) At the hearing, the injured person may be
represented by
8counsel and may present relevant evidence as defined in
9subdivision (c) of Section 11513 of the Government Code. The
10begin delete boardend deletebegin insert
Department of General Servicesend insert may consider additional
11evidence presented by its staff. If the injured person declines to
12appear at the hearing, thebegin delete boardend deletebegin insert Department of General Servicesend insert
13 may act solely upon the application, the staff report, and other
14evidence that appears on the record.
15(g) Thebegin delete boardend deletebegin insert
Department of General Servicesend insert
may delegate
16the hearing of applications to hearing examiners.
17(h) The decision of thebegin delete boardend deletebegin insert Department of General Servicesend insert
18 shall be in writing and shall be delivered or mailed to the injured
19person within 30 days of the hearing. Upon the request by the
20applicant within 30 days of delivery or mailing, thebegin delete boardend delete
21begin insert Department of General Servicesend insert
may reconsider its decision.
22(i) Judicial review of a decision shall be under Section 1094.5
23of the Code of Civil Procedure, and the court shall exercise its
24independent judgment. A petition for review shall be filed as
25follows:
26(1) If no request for reconsideration is made, within 30 days of
27personal delivery or mailing of thebegin delete board’send deletebegin insert Department of General
28Services’end insert decision on the application.
29(2) If a timely request for reconsideration is filed and rejected
30by thebegin delete board,end deletebegin insert
Department of General Services,end insert within 30 days of
31personal delivery or mailing of the notice of rejection.
32(3) If a timely request for reconsideration is filed and granted
33by thebegin delete board,end deletebegin insert Department of General Services,end insert or reconsideration
34is ordered by thebegin delete board,end deletebegin insert Department of General Services,end insert within
3530 days of personal delivery or mailing of the final decision on
36the reconsidered application.
37(j) Thebegin delete boardend deletebegin insert
Department of General Servicesend insert shall adopt
38regulations to implement this section, including those governing
39discovery.
P153 1(k) The fund is subrogated to any right or claim that any injured
2person may have who receives compensation pursuant to this
3section, or any right or claim that the person’s personal
4representative, legal guardian, estate, or survivor may have, against
5any third party who is liable for the personal injuries caused by
6the AIDS vaccine, and the fund shall be entitled to indemnity from
7that third party. The fund shall also be entitled to a lien on the
8judgment, award, or settlement in the amount of any payments
9made to the injured person.
10(l) In the event that the injured person, or his or her guardian,
11personal representative, estate, or survivors, or any of them, bring
12an action for damages against the person or
persons liable for the
13injury or death giving rise to an award by thebegin delete boardend deletebegin insert
Department
14of General Servicesend insert under this section, notice of institution of legal
15proceedings and notice of any settlement shall be given to the
16begin delete boardend deletebegin insert Department of General Servicesend insert in Sacramento except in
17cases where thebegin delete boardend deletebegin insert
Department of General Servicesend insert specifies
18that notice shall be given to the Attorney General. All notices shall
19be given by the attorney employed to bring the action for damages
20or by the injured person, or his or her guardian, personal
21representative, estate, or survivors, if no attorney is employed.
22(m) This section is not intended to affect the right of any
23individual to pursue claims against the fund and lawsuits against
24manufacturers concurrently, except that the fund shall be entitled
25to a lien on the judgment, award, or settlement in the amount of
26any payments made to the injured party by the fund.
27(n) There is hereby created the AIDS Vaccine Injury
28Compensation Policy Review Task Force consisting of 14
29members. The task force shall be composed of 10 members
30appointed by the Governor, of which two shall be from a list
31provided by
the California Trial Lawyers Association, one from
32the department, the Director of Finance, one unspecified member,
33and one attorney with experience and expertise in products liability
34and negligence defense work, two representing recognized groups
35that represent victims of vaccine induced injuries or AIDS victims,
36or both, and two representing manufacturers actively engaged in
37developing an AIDS vaccine. In addition four Members of the
38Legislature or their designees shall be appointed to the task force,
39two of which shall be appointed by the Speaker of the Assembly
40and two of which shall be appointed by the Senate Committee on
P154 1Rules. The chairperson of the task force shall be appointed by the
2Governor from the membership of the task force. The task force
3shall study and make recommendations on the legislative
4implementation of the fund created by subdivision (a). These
5recommendations shall at least address the following issues:
6(1) The
process by which victims are to be compensated through
7the fund.
8(2) The procedures by which the fund will operate and the
9governance of the fund.
10(3) The method by which manufacturers are to pay into the fund
11and the amount of that payment.
12(4) The procedural relationship between a potential victim’s
13claim through the fund and a court claim made against the
14manufacturer.
15(5) Other issues deemed appropriate by the task force.
16The task force shall make its recommendations to the Legislature
17on or before June 30, 1987.
18(o) The fund shall be funded wholly by a surcharge on the sale
19of an AIDS vaccine, that has been approved by the FDA, or by
20the
department pursuant to Part 5 (commencing with Section
21109875) of Division 104, in California in an amount to be
22determined by the department. The surcharge shall be levied on
23the sale of each unit of the vaccine sold or delivered, administered,
24or dispensed in California. The appropriate amount of the surcharge
25shall be studied by the AIDS Vaccine Injury Compensation Policy
26Review Task Force, which shall recommend the appropriate
27amount as part of its report, with the amount of the surcharge not
28to exceed ten dollars ($10) per unit of vaccine. Expenditures of
29the task force shall be made at the discretion of the Director of
30Finance or the director’s designee.
31(p) For purposes of this section, claims against the fund are
32contingent upon the existing resources of the fund as provided in
33subdivision (o), and in no case shall the state be liable for any
34claims in excess of the resources in the fund.
begin insertSection 11580.1 of the end insertbegin insertInsurance Codeend insertbegin insert is amended
36to read:end insert
(a) No policy of automobile liability insurance
38described in Section 16054 of the Vehicle Code covering liability
39arising out of the ownership, maintenance, or use of any motor
40vehicle shall be issued or delivered in this state on or after the
P155 1effective date of this section unless it contains the provisions set
2forth in subdivision (b). However, none of the requirements of
3subdivision (b) shall apply to the insurance afforded under the
4policy (1) to the extent that the insurance exceeds the limits
5specified in subdivision (a) of Section 16056 of the Vehicle Code,
6or (2) if the policy contains an underlying insurance requirement,
7or provides for a retained limit of self-insurance, equal to or greater
8than the limits specified in subdivision (a) of Section 16056 of the
9Vehicle
Code.
10(b) Every policy of automobile liability insurance to which
11subdivision (a) applies shall contain all of the following provisions:
12(1) Coverage limits not less than the limits specified in
13subdivision (a) of Section 16056 of the Vehicle Code.
14(2) Designation by explicit description of, or appropriate
15reference to, the motor vehicles or class of motor vehicles to which
16coverage is specifically granted.
17(3) Designation by explicit description of the purposes for which
18coverage for those motor vehicles is specifically excluded.
19(4) Provision affording insurance to the named insured with
20respect to any owned or leased motor vehicle covered by the policy,
21and to the same extent that
insurance is afforded to the named
22insured, to any other person using the motor vehicle, provided the
23use is by the named insured or with his or her permission, express
24or implied, and within the scope of that permission, except that:
25(A) with regard to insurance afforded for the loading or unloading
26of the motor vehicle, the insurance may be limited to apply only
27to the named insured, a relative of the named insured who is a
28resident of the named insured’s household, a lessee or bailee of
29the motor vehicle, or an employee of any of those persons; and
30(B) the insurance afforded to any person other than the named
31insured need not apply to: (i) any employee with respect to bodily
32injury sustained by a fellow employee injured in the scope and
33course of his or her employment, or (ii) any person, or to any agent
34or employee thereof, employed or otherwise engaged in the
35business of selling, repairing, servicing, delivering, testing,
36road-testing, parking, or storing automobiles with respect to any
37accident arising
out of the maintenance or use of a motor vehicle
38in connection therewith. As used in this chapter, “owned motor
39vehicle” includes all motor vehicles described and rated in the
40policy.
P156 1(c) In addition to any exclusion provided in paragraph (3) of
2subdivision (b), the insurance afforded by any policy of automobile
3liability insurance to which subdivision (a) applies, including the
4insurer’s obligation to defend, may, by appropriate policy
5provision, be made inapplicable to any or all of the following:
6(1) Liability assumed by the insured under contract.
7(2) Liability for bodily injury or property damage caused
8intentionally by or at the direction of the insured.
9(3) Liability imposed upon or assumed by the insured under
10any workers’ compensation law.
11(4) Liability for bodily injury to any employee of the insured
12arising out of and in the course of his or her employment.
13(5) Liability for bodily injury to an insured or liability for bodily
14injury to an insured whenever the ultimate benefits of that
15indemnification accrue directly or indirectly to an insured.
16(6) Liability for damage to property owned, rented to,
17transported by, or in the charge of, an insured. A motor vehicle
18operated by an insured shall be considered to be property in the
19charge of an insured.
20(7) Liability for any bodily injury or property damage with
21respect to which insurance is or can be afforded under a nuclear
22energy liability policy.
23(8) Any motor vehicle or class
of motor vehicles, as described
24or designated in the policy, with respect to which coverage is
25explicitly excluded, in whole or in part.
26“The insured” as used in paragraphs (1), (2), (3), and (4) shall
27mean only that insured under the policy against whom the particular
28claim is made or suit brought. “An insured” as used in paragraphs
29(5) and (6) shall mean any insured under the policy including those
30persons who would have otherwise been included within the
31policy’s definition of an insured but, by agreement, are subject to
32the limitations of paragraph (1) of subdivision (d).
33(d) Notwithstanding paragraph (4) of subdivision (b), or Article
342 (commencing with Section 16450) of Chapter 3 of Division 7
35of, or Article 2 (commencing with Section 17150) of Chapter 1 of
36Division 9 of, the Vehicle Code, the insurer and any named insured
37may, by the terms of any policy of automobile liability insurance
38to which
subdivision (a) applies, or by a separate writing relating
39thereto, agree as to either or both of the following limitations, the
P157 1agreement to be binding upon every insured to whom the policy
2applies and upon every third-party claimant:
3(1) That coverage and the insurer’s obligation to defend under
4the policy shall not apply nor accrue to the benefit of any insured
5or any third-party claimant while any motor vehicle is being used
6or operated by a natural person or persons designated by name.
7These limitations shall apply to any use or operation of a motor
8vehicle, including the negligent or alleged negligent entrustment
9of a motor vehicle to that designated person or persons. This
10agreement applies to all coverage provided by that policy and is
11sufficient to comply with the requirements of paragraph (2) of
12subdivision (a) of Section 11580.2 to delete coverage when a motor
13vehicle is operated by a natural person or persons designated by
14name. The
insurer shall have an obligation to defend the named
15insured when all of the following apply to that designated natural
16person:
17(A) He or she is a resident of the same household as the named
18insured.
19(B) As a result of operating the insured motor vehicle of the
20named insured, he or she is jointly sued with the named insured.
21(C) He or she is an insured under a separate automobile liability
22insurance policy issued to him or her as a named insured, which
23policy does not provide a defense to the named insured.
24An agreement made by the insurer and any named insured more
25than 60 days following the inception of the policy excluding a
26designated person by name shall be effective from the date of the
27agreement and shall, with the signature of a named insured, be
28conclusive evidence
of the validity of the agreement.
29That agreement shall remain in force as long as the policy
30remains in force, and shall apply to any continuation, renewal, or
31replacement of the policy by the named insured, or reinstatement
32of the policy within 30 days of any lapse thereof.
33(2) That with regard to a policy issued to a named insured
34engaged in the business of leasing vehicles for those vehicles that
35are leased for a term in excess of six months, or selling, repairing,
36servicing, delivering, testing, road-testing, parking, or storing
37automobiles, coverage shall not apply to any person other than the
38named insured or his or her agent or employee, except to the extent
39that the limits of liability of any other valid and collectible
40insurance available to that person are not equal to the limits of
P158 1liability specified in subdivision (a) of Section 16056 of the Vehicle
2Code. If the policy is issued to a named
insured engaged in the
3business of leasing vehicles, which business includes the lease of
4vehicles for a term in excess of six months, and the lessor includes
5in the lease automobile liability insurance, the terms and limits of
6which are not otherwise specified in the lease, the named insured
7shall incorporate a provision in each vehicle lease contract advising
8the lessee of the provisions of this subdivision and the fact that
9this limitation is applicable except as otherwise provided for by
10statute or federal law.
11(e) Nothing in this section or in Section 16054 or 16450 of the
12Vehicle Code shall be construed to constitute a homeowner’s
13policy, personal and residence liability policy, personal and farm
14liability policy, general liability policy, comprehensive personal
15liability policy, manufacturers’ and contractors’ policy, premises
16liability policy, special multiperil policy, or any policy or
17endorsement where automobile liability coverage is
offered as
18incidental to some other basic coverage as an “automobile liability
19policy” within the meaning of Section 16054 of the Vehicle Code,
20or as a “motor vehicle liability policy” within the meaning of
21Section 16450 of the Vehicle Code, nor shall this section apply to
22a policy that provides insurance covering liability arising out of
23the ownership, maintenance, or use of any motor vehicle in the
24Republic of Mexico issued or delivered in this state by a
25nonadmitted Mexican insurer, notwithstanding that the policy may
26provide automobile or motor vehicle liability coverage on insured
27premises or the ways immediately adjoining.
28(f) (1) On and after January 1, 1976, no policy of automobile
29liability insurance described in subdivision (a) shall be issued,
30amended, or renewed in this state if it contains any provision that
31expressly or impliedly excludes from coverage under the policy
32the operation or use of an insured motor
vehicle by the named
33insured in the performance of volunteer services for a nonprofit
34charitable organization or governmental agency by providing social
35service transportation. This subdivision shall not apply in any case
36in which the named insured receives any remuneration of any kind
37other than reimbursement for actual mileage driven in the
38performance of those services at a rate not to exceed the following:
P159 1(A) For the 1980-81 fiscal year, the maximum rate authorized
2by the California Victim Compensation and Government Claims
3begin delete Board, whichend deletebegin insert Boardend insert shall also be known as the “base rate.”
4(B) For each fiscal year thereafter, the greater of either (A) the
5maximum rate authorized by thebegin delete California Victim Compensation begin insert
Department of General Servicesend insert
6and Government Claims Boardend delete
7 or (B) the base rate as adjusted by the California Consumer Price
8Index.
9(2) No policy of insurance issued under this section may be
10canceled by an insurer solely for the reason that the named insured
11is performing volunteer services for a nonprofit charitable
12organization or governmental agency consisting of providing social
13service transportation.
14(3) For the purposes of this section, “social service
15transportation” means transportation services provided by private
16nonprofit organizations or individuals to either individuals who
17are senior citizens or individuals or groups of individuals who have
18special transportation needs because of physical or mental
19conditions and supported in whole or in part by funding from
20private or public agencies.
21(g) Notwithstanding paragraph (4) of subdivision (b), or Article
222 (commencing with Section 16450) of Chapter 3 of Division 7
23of, or Article 2 (commencing with Section 17150) of Chapter 1 of
24Division 9 of, the Vehicle Code, a Mexican nonadmitted insurer
25and any named insured may, by the terms of any policy of
26automobile insurance for use solely in the Republic of Mexico to
27which subdivision (a) applies, or by a separate writing relating
28thereto, agree to the limitation that coverage under that policy shall
29not apply to any person riding in or occupying a vehicle owned
30by the insured or driven by another person with the permission of
31the insured. The agreement shall be binding upon every insured
32to whom the policy applies and upon any third-party claimant.
33(h) No policy of automobile insurance that provides insurance
34covering liability arising out of the ownership, maintenance, or
35use of any motor vehicle solely in the Republic of
Mexico issued
36by a nonadmitted Mexican insurance company, shall be subject
37to, or provide coverage for, those coverages provided in Section
3811580.2.
begin insertSection 11872 of the end insertbegin insertInsurance Codeend insertbegin insert is amended to
40read:end insert
The fund may annually enter into agreements with state
2agencies for service to be rendered to the fund. These state agencies
3include, but shall not be limited to: the Department of Finance,
4Department of General Services, State Personnel Board, and the
5Public Employees’ Retirement System. If these agencies and the
6fund cannot agree upon the cost of services provided by the
7agreements, thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert shall be requested
8Claims Boardend delete
9to arrive at an equitable settlement.
begin insertSection 1308.10 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
11read:end insert
(a) Prior to the employment of a minor under the age
13of 16 years in any of the circumstances listed in subdivision (a) of
14Section 1308.5, the Labor Commissioner may issue a temporary
15permit authorizing employment of the minor to enable a parent or
16guardian of the minor to meet the requirement for a permit under
17subdivision (a) of Section 1308.5 and to establish a trust account
18for the minor or to produce the documentation required by the
19Labor Commissioner for the issuance of a permit under Section
201308.5, subject to all of the following conditions:
21(1) A temporary permit shall be valid for a period not to exceed
2210 days from the date of issuance.
23(2) A temporary permit shall not be issued for
the employment
24of a minor if the minor’s parent or guardian has previously applied
25for or been issued a permit by the Labor Commissioner pursuant
26to Section 1308.5 or a temporary permit pursuant to this section
27for employment of the minor.
28(3) For infants who are subject to the requirements of Section
291308.8, a temporary permit shall not be issued before the
30requirements of that section are met.
31(4) The Division of Labor Standards Enforcement shall prepare
32and make available on its Internet Web site the application form
33for a temporary permit. An applicant for a temporary permit shall
34submit a completed application and application fee online to the
35division. Upon receipt of the completed application and fee, the
36division shall immediately issue a temporary permit.
37(b) The Labor Commissioner shall deposit all fees for
temporary
38permits received into the Entertainment Work Permit Fund, which
39is hereby created in the State Treasury. The funds deposited in the
40Entertainment Work Permit Fund shall be available to the Labor
P161 1Commissioner, upon appropriation by the Legislature, to pay for
2the costs of administration of the online temporary minor’s
3entertainment work permit program and to repay any loan from
4the Labor Enforcement and Compliance Fund made pursuant to
5subdivision (c).
6(c) The Labor Commissioner may on a one-time basis borrow
7up to two hundred fifty thousand dollars ($250,000) from the Labor
8Enforcement and Compliance Fund, as established by subdivision
9(e) of Section 62.5, for deposit in the Entertainment Work Permit
10Fund to cover the one-time startup costs related to the temporary
11permit program. The loan shall be repaid to the Labor Enforcement
12and Compliance Fund as soon as sufficient funds exist in the
13Entertainment Work Permit Fund to repay the loan without
14compromising the operations
of the temporary work permit
15program.
16(d)
end delete
17begin insert(b)end insert The Labor Commissioner shall set forth the fee in an amount
18sufficient to pay forbegin delete these costs,end deletebegin insert the costs of administering the
19online temporary minor’s entertainment work permit program,end insert
20 but not to exceed fifty dollars ($50).
begin insertSection 1308.11 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert
begin insert(a) All registrations, fees, and permit fees collected
23under this article shall be deposited in the Labor Enforcement and
24Compliance Fund.
25
(b) On the effective date of this section, any moneys in the
26Entertainment Work Permit Fund and any assets, liabilities,
27revenues, expenditures, and encumbrances of that fund shall be
28transferred to the Labor Enforcement and Compliance Fund.
begin insertSection 1684 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The Labor Commissioner shall not issue to any
31person a license to act as a farm labor contractor, nor shall the
32Labor Commissioner renew that license, until all of the following
33conditions are satisfied:
34(1) The person has executed a written application in a form
35prescribed by the Labor Commissioner, subscribed and sworn to
36by the person, and containing all of the following:
37(A) A statement by the person of all facts required by the Labor
38Commissioner concerning the applicant’s character, competency,
39responsibility, and the manner and method by which the person
P162 1proposes to conduct operations as a farm labor contractor if the
2license is issued.
3(B) The names and addresses of all persons, except bona fide
4employees on stated salaries, financially interested, either as
5partners, associates, or profit sharers, in the proposed operation as
6a farm labor contractor, together with the amount of their respective
7interests.
8(C) A declaration consenting to the designation by a court of
9the Labor Commissioner as an agent available to accept service
10of summons in any action against the licensee if the licensee has
11left the jurisdiction in which the action is commenced or otherwise
12has become unavailable to accept service.
13(D) The names and addresses of all persons who in the previous
14calendar year performed any services described in subdivision (b)
15of Section 1682 within the scope of his or her employment by the
16licensee on whose behalf he or she was acting, unless the person
17was employed as an independent
contractor.
18(2) The Labor Commissioner, after investigation, is satisfied as
19to the character, competency, and responsibility of the person.
20(3) (A) The person has deposited with the Labor Commissioner
21a surety bond in an amount based on the size of the person’s annual
22payroll for all employees, as follows:
23(i) For payrolls up to five hundred thousand dollars ($500,000),
24a twenty-five-thousand-dollar ($25,000) bond.
25(ii) For payrolls of five hundred thousand dollars ($500,000) to
26two million dollars ($2,000,000), a fifty-thousand-dollar ($50,000)
27bond.
28(iii) For payrolls greater than two million dollars ($2,000,000),
29a seventy-five-thousand-dollar ($75,000) bond.
30(B) For purposes of this paragraph, the Labor Commissioner
31shall require documentation of the size of the person’s annual
32begin delete payrollend deletebegin insert payroll,end insert which may include, but is not limited to,
33information provided by the person to the Employment
34Development Department, the Franchise Tax Board, the Division
35of Workers’ Compensation, the insurer providing the licensee’s
36workers’ compensation insurance, or the Internal Revenue Service.
37(C) If the contractor has been the subject of a final judgment in
38a year in an amount equal to or greater than the amount of the bond
39required, he or she shall be required to deposit an additional bond
40within 60 days.
P163 1(D) All bonds required under this chapter shall be payable to
2the people of the State of California and shall be conditioned upon
3the farm labor contractor’s compliance with all the terms and
4provisions of this chapter and subdivisions (j) and (k) of Section
512940 of, and Sections 12950 and 12950.1 of, the Government
6Code, and payment of all damages occasioned to any person by
7failure to do so, or by any violation of this chapter or of subdivision
8(j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of,
9the Government Code, or any violation of Title VII of the Civil
10Rights Act of 1964 (Public Law 88-352), or false statements or
11misrepresentations made in the procurement of the license. The
12bond shall also be payable for interest on wages and for any
13damages arising from violation of orders of the Industrial Welfare
14Commission, and for any other monetary relief awarded to an
15agricultural worker as a result of a violation of this code or of
16subdivision (j) or (k) of Section 12940 of, or
Section 12950 or
1712950.1 of, the Government Code, or any violation of Title VII
18of the Civil Rights Act of 1964 (Public Law 88-352).
19(4) The person has paid to the Labor Commissioner a license
20fee of five hundred dollars ($500) plus a filing fee of ten dollars
21($10). However, when a timely application for renewal is filed,
22the ten-dollar ($10) filing fee is not required. The license fee shall
23increase by one hundred dollars ($100), to six hundred dollars
24($600), on January 1, 2015. The amount attributable to this increase
25shall be expended by the Labor Commissioner to fund the Farm
26Labor Contractor Enforcement Unit and the Farm Labor Contractor
27License Verification Unit.begin delete Notwithstanding Section 1698, no The
28portion of that increase shall be credited to the General Fund.end delete
29Labor Commissioner shall deposit one hundred fifty dollars ($150)
30of each licensee’s annual
license fee into the Farmworker Remedial
31Account. Funds from this account shall be disbursed by the Labor
32Commissioner only to persons determined by the Labor
33Commissioner to have been damaged by any licensee if the damage
34exceeds the amount of the licensee’s bond or the surety fails to
35pay the full amount of the licensee’s bond, or to persons determined
36by the Labor Commissioner to have been damaged by an
37unlicensed farm labor contractor. In making these determinations,
38the Labor Commissioner shall disburse funds from the Farmworker
39Remedial Account to satisfy claims against farm labor contractors
40or unlicensed farm labor contractors, which shall also include
P164 1interest on wages and any damages arising from the violation of
2orders of the Industrial Welfare Commission, for any other
3monetary relief awarded to an agricultural worker as a result of a
4violation of this code, and for all damages arising from any
5violation of subdivision (j) or (k) of Section 12940 of, or of Section
612950 or 12950.1 of, the
Government Code, or any violation of
7Title VII of the Civil Rights Act of 1964 (Public Law 88-352).
8The Labor Commissioner may disburse funds from the Farmworker
9Remedial Account to farm labor contractors, for payment of
10farmworkers, when a contractor is unable to pay farmworkers due
11to the failure of a grower or packer to pay the contractor. Any
12disbursed funds subsequently recovered by the Labor
13Commissioner pursuant to Section 1693, or otherwise, shall be
14returned to the Farmworker Remedial Account.
15(5) The person has taken a written examination that demonstrates
16an essential degree of knowledge of the current laws and
17administrative regulations concerning farm labor contractors as
18the Labor Commissioner deems necessary for the safety and
19protection of farmers, farmworkers, and the public, including the
20identification and prevention of sexual harassment in the
21workplace. To successfully complete the examinations, the person
22must correctly
answer at least 85 percent of the questions posed.
23The examination period shall not exceed four hours. The
24examination may only be taken a maximum of three times in a
25calendar year. The examinations shall include a demonstration of
26knowledge of the current laws and regulations regarding wages,
27hours, and working conditions, penalties, employee housing and
28transportation, collective bargaining, field sanitation, and safe
29work practices related to pesticide use, including all of the
30following subjects:
31(A) Field reentry regulations.
32(B) Worker pesticide safety training.
33(C) Employer responsibility for safe working conditions.
34(D) Symptoms and appropriate treatment of pesticide poisoning.
35(6) The person has registered as a farm labor contractor pursuant
36to the federal Migrant and Seasonal Agricultural Worker Protection
37Act (29 U.S.C. Sec. 1801 et seq.), when registration is required
38pursuant to federal law, and that information is provided by the
39person to the Labor Commissioner.
P165 1(7) Each of the person’s employees has registered as a farm
2labor contractor employee pursuant to the federal Migrant and
3Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801
4et seq.) if that registration is required pursuant to federal law, and
5that information is provided by the person to the Labor
6Commissioner.
7(8) (A) The person has executed a written statement, that has
8been provided to the Labor Commissioner, attesting that the
9person’s supervisorial employees, including any supervisor,
10crewleader, mayordomo, foreperson, or other
employee whose
11duties include the supervision, direction, or control of agricultural
12employees, have been trained at least once for at least two hours
13each calendar year in the prevention of sexual harassment in the
14workplace, and that all new nonsupervisorial employees, including
15agricultural employees, have been trained at the time of hire, and
16that all nonsupervisorial employees, including agricultural
17employees, have been trained at least once every two years in
18identifying, preventing, and reporting sexual harassment in the
19workplace.
20(B) Sexual harassment prevention training shall consist of
21training administered by a licensee or appropriate designee of the
22licensee.
23(C) Sexual harassment prevention training shall include, at a
24minimum, components of the following as consistent with Section
2512950 of the Government Code:
26(i) The illegality of sexual harassment.
27(ii) The definition of sexual harassment under applicable state
28and federal law.
29(iii) A description of sexual harassment, utilizing examples.
30(iv) The internal complaint process of the employer available
31to the employee.
32(v) The legal remedies and complaint process available through
33the Department of Fair Employment and Housing.
34(vi) Directions for how to contact the Department of Fair
35Employment and Housing.
36(vii) The protection against retaliation provided under current
37law.
38(D) The trainer may use the
text of the Department of Fair
39Employment and Housing’s pamphlet DFEH-185, “Sexual
40Harassment” as a guide to training, or may use other written
P166 1material or other training resources covering the information
2required in subparagraph (C).
3(E) At the conclusion of the training, the trainer shall provide
4the employee with a copy of the Department of Fair Employment
5and Housing’s pamphlet DFEH-185, and a record of the training
6on a form provided by the Labor Commissioner that includes the
7name of the trainer and the date of the training.
8(F) The licensee shall keep a record with the names of all
9employees who have received sexual harassment training for a
10period of three years.
11(b) The Labor Commissioner shall consult with the Director of
12Pesticide Regulation, the Department of the California Highway
13Patrol, the Department
of Housing and Community Development,
14the Employment Development Department, the Department of
15Fair Employment and Housing, the Department of Food and
16Agriculture, the Department of Motor Vehicles, and the Division
17of Occupational Safety and Health in preparing the examination
18required by paragraph (5) of subdivision (a) and the appropriate
19educational materials pertaining to the matters included in the
20examination, and may charge a fee of not more than two hundred
21dollars ($200) to cover the cost of administration of the
22examination.
23(c) The person shall also enroll and participate in at least nine
24hours of relevant educational classes each year. The classes shall
25include at least one hour of sexual harassment prevention training.
26The classes shall be chosen from a list of approved classes prepared
27by the Labor Commissioner, in consultation with the persons and
28entities listed in subdivision (b) and county agricultural
29commissioners.
30(d) The Labor Commissioner may renew a license without
31requiring the applicant for renewal to take the examination
32specified in paragraph (5) of subdivision (a) if the Labor
33Commissioner finds that the applicant meets all of the following
34criteria:
35(1) Has satisfactorily completed the examination during the
36immediately preceding two years.
37(2) Has not during the preceding year been found to be in
38violation of any applicable laws or regulations including, but not
39limited to, Division 7 (commencing with Section 12501) of the
40Food and Agricultural Code, subdivisions (j) and (k) of Section
P167 112940 of, and Section 12950 or 12950.1 of, the Government Code,
2Part 1 (commencing with Section 17000) of Division 13 of the
3Health and Safety Code, Division 2 (commencing with Section
4200), Division 4 (commencing with Section 3200), and
Division
55 (commencing with Section 6300) of this code, and Chapter 1
6(commencing with Section 12500) of Division 6 of the Vehicle
7Code.
8(3) Has, for each year since the license was obtained, enrolled
9and participated in at least eight hours of relevant, educational
10classes, chosen from a list of approved classes prepared by the
11Labor Commissioner.
12(4) Has complied with all other requirements of this section.
begin insertSection 1698 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
All fines collected for violations of this chapter shall be
15paid into the Farmworker Remedial Account and shall be available,
16upon appropriation, for purposes of this chapter. Of the moneys
17collected for licenses issued pursuant to this chapter, one hundred
18fifty dollars ($150) of each annual license fee shall be deposited
19in the Farmworker Remedial Account pursuant to paragraph (4)
20of subdivision (a) of Section 1684, three hundred fifty dollars
21($350) of each annual license fee shall be expended by the Labor
22Commissioner to fund the Farm Labor Contractor Enforcement
23Unit and the Farm Labor Contractor License Verification Unit,
24both within the department, and the remaining money shall be paid
25into thebegin delete State Treasury and credited to the Generalend deletebegin insert
Labor
26Enforcement and Complianceend insert Fund.
begin insertSection 1700.18 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
28read:end insert
begin insert(a)end insertbegin insert end insertAll moneys collected forbegin insert filing fees andend insert licenses
30begin delete and all fines collected for violations of the provisions ofend deletebegin insert underend insert this
31chapter shall be paid into the State Treasury and credited to the
32begin delete Generalend deletebegin insert
Labor Enforcement and Complianceend insert Fund.
33
(b) All fines collected for violations of this chapter shall be paid
34into the State Treasury and credited to the General Fund.
begin insertSection 1706 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) (1) No person shall represent or provide specified
37services to any artist who is a minor, under 18 years of age, without
38first submitting an application to the Labor Commissioner for a
39Child Performer Services Permit and receiving that permit.
P168 1(2) The Labor Commissioner shall set forth a filing fee, to be
2paid by the applicant to the commissioner at the time the
3application is filed, in an amount sufficient to reimburse the Labor
4Commissioner for the costs of the permit program. This amount
5shall be in addition to any charge imposed by the Labor
6Commissioner pursuant to paragraph (3) of subdivision (c).
7(3) (A) The Labor Commissioner shall issue a
Child Performer
8Services Permit to the applicant after he or she has received the
9application and filing fee and determined from information
10provided by the Department of Justice that the person is not
11required to register pursuant to Sections 290 to 290.006, inclusive,
12of the Penal Code.
13(B) After receiving his or her first Child Performer Services
14Permit, a person shall on a biennial basis renew his or her
15application by resubmitting his or her name and a new filing fee
16to the Labor Commissioner in the amount set forth by the Labor
17Commissioner pursuant to paragraph (2). The Labor Commissioner
18shall issue a renewed permit to the person after receiving his or
19her application and filing fee and determining from the subsequent
20arrest notification provided by the Department of Justice pursuant
21to subparagraph (D) of paragraph (2) of subdivision (c) that the
22person is not required to register pursuant to Sections 290 to
23290.006, inclusive, of the
Penal Code. A person shall not be
24required to resubmit his or her fingerprints in order to renew his
25or her permit.
26(b) Except for subdivision (f) and Sections 1706.1 to 1706.5,
27inclusive, when applied to a violation of subdivision (f), this
28chapter does not apply to the following:
29(1) A person licensed as a talent agent as specified in Chapter
304 (commencing with Section 1700), or operating under the license
31of a talent agent.
32(2) A studio teacher certified by the Labor Commissioner as
33defined in Section 11755 of Title 8 of the California Code of
34Regulations.
35(3) A person whose contact with minor children is restricted to
36locations where, either by law or regulation, the minor must be
37accompanied at all times by a parent or guardian, and the parent
38or
guardian must be within sight or sound of the minor.
39(4) A person who has only incidental and occasional contact
40with minor children, unless the person works directly with minor
P169 1children, has supervision or disciplinary power over minor children,
2or receives a fee.
3(c) (1) Each person required to submit an application to the
4Labor Commissioner pursuant to paragraph (1) of subdivision (a)
5shall provide to the Department of Justice electronic fingerprint
6images and related information required by the department of all
7permit applicants, for the purposes of obtaining information as to
8the existence and content of a record of state or federal arrests and
9convictions, including arrests for which the Department of Justice
10establishes that the person is free on bail or on his or her
11recognizance pending trial or appeal.
12(2) (A) When received, the Department of Justice shall forward
13the fingerprint images and related information described in
14paragraph (1) to the Federal Bureau of Investigation and request
15a federal summary for criminal history information.
16(B) (i) The Department of Justice shall review the information
17returned from the Federal Bureau of Investigation and compile
18and disseminate a response to the Labor Commissioner.
19(ii) The Department of Justice’s response shall provide both
20state and federal criminal history information pursuant to paragraph
21(1) of subdivision (p) of Section 11105 of the Penal Code.
22(C) The Labor Commissioner shall request from the Department
23of Justice subsequent arrest notification service, as
provided
24pursuant to Section 11105.2 of the Penal Code, for each person
25who submitted fingerprint images and the related information
26pursuant to paragraph (1).
27(3) (A) The Department of Justice shall charge the Labor
28Commissioner a fee sufficient to cover the cost of processing the
29request described in paragraph (2).
30(B) In addition to the filing fee paid by the applicant pursuant
31to subdivision (a) to reimburse the Labor Commissioner for the
32costs of the permit program, the Labor Commissioner may charge
33the applicant a fee sufficient to cover the costs of the fee imposed
34by the Department of Justice pursuant to subparagraph (A). The
35amount of the fee imposed pursuant to this subparagraph shall be
36forwarded by the Labor Commissioner to the Department of Justice
37with the applicant’s name, fingerprints, and other information
38described in paragraph (1). This fee
shall be available to the
39Department of Justice for the purposes described in subparagraph
40(A), upon appropriation by the Legislature.
P170 1(4) Upon receipt of information from the Department of Justice
2provided pursuant to subparagraphs (C) and (D) of paragraph (2),
3the commissioner shall timely cause a copy of the information to
4be sent to the person who has submitted the application, and shall
5keep a copy of the information and application on file.
6(d) The Labor Commissioner shall maintain a list of all persons
7holding a valid Child Performer Services Permit issued under this
8chapter and make this list publicly available on its Internet Web
9site.
10(e) (1) Upon receipt of a valid Child Performer Services Permit,
11the recipient shall post the permit in a conspicuous place in his or
12her place of
business.
13(2) Any person who is a recipient of a valid Child Performer
14Services Permit shall include the permit number on advertising in
15print or electronic media, including, but not limited to, Internet
16Web sites, or in any other medium of advertising.
17(f) No person, including a person described in subdivision (b),
18who is required to register pursuant to Sections 290 to 290.006,
19inclusive, of the Penal Code may represent or provide specified
20services to any artist who is a minor.
21(g) For purposes of this section, the following terms have the
22following meanings:
23(1) “Artist” means a person who is or seeks to become an actor,
24actress, model, extra, radio artist, musical artist, musical
25organization, director, musical director, writer, cinematographer,
26
composer, lyricist, arranger, or other person rendering professional
27services in motion picture, theatrical, radio, television, Internet,
28print media, or other entertainment enterprises or technologies.
29(2) Except as used in the context of a fee an applicant is required
30to pay with his or her application, “fee” means any money or other
31valuable consideration paid or promised to be paid by an artist, by
32an individual on behalf of an artist, or by a corporation formed on
33behalf of an artist for services rendered or to be rendered by any
34person conducting the business of representing artists.
35(3) “Person” means any individual, company, society, firm,
36partnership, association, corporation, limited liability company,
37trust, or other organization.
38(4) To “represent or provide specified services to” means to
39provide, offer
to provide, or advertise or represent as providing,
40for a fee one or more of the following services:
P171 1(A) Photography for use as an artist, including, but not limited
2to, still photography, digital photography, and video and film
3services.
4(B) Managing or directing the development or advancement of
5the artist’s career as an artist.
6(C) Career counseling, career consulting, vocational guidance,
7aptitude testing, evaluation, or planning, in each case relating to
8the preparation of the artist for employment as an artist.
9(D) Public relations services or publicity, or both, including
10arranging personal appearances, developing and distributing press
11packets, managing fan mail, designing and maintaining Internet
12Web sites, and consulting on media
relations.
13(E) Instruction, evaluation, lessons, coaching, seminars,
14workshops, or similar training as an artist, including, but not limited
15to, acting, singing, dance, voice, or similar instruction services.
16(F) A camp for artists, which includes, but is not limited to, a
17day camp or overnight camp in which any portion of the camp
18includes any services described in subparagraphs (A) to (E),
19inclusive.
20(h) (1) The Labor Commissioner shall deposit all filing fees
21described in subdivision (a) into the Child Performer Services
22Permit Fund, which is hereby created in the State Treasury. The
23funds deposited in the Child Performer Services Permit Fund shall
24be available to the Labor Commissioner, upon appropriation by
25the Legislature, to pay for the costs of administration of the Child
26Performer
Services Permit program and to repay any loan from
27the Labor Enforcement and Compliance Fund made pursuant to
28paragraph (2).
29(2) Until June 30, 2013, the Labor Commissioner may, on a
30one-time basis, borrow up to two hundred fifty thousand dollars
31($250,000) from the Labor Enforcement and Compliance Fund,
32as established by subdivision (e) of Section 62.5, for deposit in
33the Child Performer Services Permit Fund to cover the one-time
34startup costs related to the Child Performer Services Permit
35program. The loan shall be repaid to the Labor Enforcement and
36Compliance Fund, or any successor fund, as soon as sufficient
37funds exist in the Child Performer Services Permit Fund to repay
38the loan without compromising the operations of the permit
39program.
P172 1
(h) (1) The Labor Commissioner shall deposit all filing fees
2described in subdivision (a) into the Labor Enforcement and
3Compliance Fund to pay for the costs of administering the Child
4Performer Services Permit program.
5
(2) On the effective date of the statute adding this subdivision,
6any moneys in the Child Performer Services Permit Fund and any
7assets, liabilities, revenues, expenditures, and encumbrances of
8that fund shall be transferred to the Labor Enforcement and
9Compliance Fund.
begin insertSection 1720.9 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
11read:end insert
(a) For the limited purposes of Article 2 (commencing
13with Section 1770), “public works” also means the hauling and
14delivery of ready-mixed concrete to carry out a public works
15contract, with respect to contracts involving any state agency,
16including the California State University and the University of
17California, or any political subdivision of the state.
18(b) For purposes of this section, “ready-mixed concrete” means
19concrete that is manufactured in a factory or a batching plant,
20according to a set recipe, and then delivered in a liquefied state by
21mixer truck for immediate incorporation into a project.
22(c) For purposes of this section, the “hauling and delivery of
23ready-mixed concrete to carry
out a public works contract” means
24the job duties for a ready mixer driver that are used by the director
25in determining wage rates pursuant to Section 1773, and includes
26receiving the concrete at the factory or batching plant and the return
27trip to the factory or batching plant.
28(d) For purposes of this section, the applicable prevailing wage
29rate shall be the current prevailing wage, as determined by the
30director, for the geographic area in which the factory or batching
31plant is located.
32(e) The entity hauling or delivering ready-mixed concrete to
33carry out a public works contract shall enter into a written
34subcontract agreement with the party that engaged the entity to
35supply the ready-mixed concrete. The written agreement shall
36require compliance with the requirements of this chapter. The
37entity hauling or delivering ready-mixed concrete shall be
38considered a subcontractor
solely for the purposes of this chapter.
39
begin insert Nothing in this section shall cause any entity to be treated as a
P173 1contractor or subcontractor for any purpose other than the
2application of this chapter.
end insert
3(f) The entity hauling or delivering ready-mixed concrete to
4carry out a public works contract shall submit a certified copy of
5the payroll records required by subdivision (a) of Section 1776 to
6the party that engaged the entity and to the general contractor
7withinbegin delete threeend deletebegin insert fiveend insert working days after the employee has been paid,
8accompanied by a written time record that shall be certified by
9each driver for the performance of job duties in subdivision (c).
10(g) This sectionbegin delete appliesend deletebegin insert
shall not applyend insert to public works contracts
11that arebegin delete awarded on or afterend deletebegin insert advertised for bid or awarded prior
12toend insert July 1, 2016.
begin insertSection 2059 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) begin insert(1)end insertbegin insert end insertThe commissioner shall collect from employers
15a registration feebegin delete of two hundred fifty dollars ($250)end delete for each
16branchbegin delete location. The commissionerend deletebegin insert location, and, except as
17provided in paragraph (2),end insert may periodically adjust the registration
18begin delete fee for inflation to ensure that the fee isend deletebegin insert
fee, in an amountend insert sufficient
19to fund allbegin insert
direct and indirectend insert costs to administer and enforcebegin delete the
this part.
20provisions ofend delete
21
(2) The fee established pursuant to paragraph (1) shall not be
22increased unless the published fund balance is projected to fall
23below 25 percent of annual expenditures.
24(b) In addition to the feebegin delete specifiedend delete in subdivision (a), each
25employer shall be assessed an annual feebegin delete of fifty dollars ($50)end deletebegin insert in
26an amount equivalent to 20 percent of the registration fee collected
27pursuant to subdivision (a)end insert for each branch locationbegin delete whichend deletebegin insert
thatend insert
28 shall be deposited in the Car Wash Worker Restitution Fund.
begin insertSection 2065 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The Car Wash Worker Restitution Fund is established
31in the State Treasury.
32(1) The following moneys shall be deposited into this fund:
33(A) The annual fee required pursuant to subdivision (b) of
34Section 2059.
35(B) Fifty percent of the fines collected pursuant to Section 2064.
36(C) begin deleteFifty dollars ($50) end deletebegin insertPursuant to subdivision (b) of Section
372059, an amount equal to 20
percent end insertof the initial registration fee
38required pursuant to subdivision (a) of Section 2059.
39(2) Upon appropriation by the Legislature, the moneys in the
40fund shall be disbursed by the commissioner only to persons
P174 1determined by the commissioner to have been damaged by the
2failure to pay wages and penalties and other related damages by
3any employer, to ensure the payment of wages and penalties and
4other related damages. Any disbursed funds subsequently recovered
5by the commissioner shall be returned to the fund.
6(b) The Car Wash Worker Fund is established in the State
7Treasury.
8(1) The following moneys shall be deposited into this fund:
9(A) Fifty percent of the fines collected pursuant to Section 2064.
10(B) The initial registration fee required pursuant to subdivision
11(a) of Section 2059, less the amount specified in subparagraph (C)
12of paragraph (1) of subdivision (a).
13(2) Upon appropriation by the Legislature, the moneys in this
14fund shall be applied tobegin insert
all direct and indirectend insert costs incurred by
15the commissioner in administeringbegin delete the provisions ofend delete this part and
16begin insert all direct and indirect costs ofend insert enforcement and investigation of
17the car washing and polishing industry.
18(c) The Department of Industrial Relations may establish by
19regulation those procedures necessary to carry outbegin delete the provisions this section.
20ofend delete
begin insertSection 2658 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteNo end deletebegin insert(a)end insertbegin insert end insertbegin insertA end insertperson shallbegin insert notend insert employ an industrial
23homeworker in any industry not prohibited by Section 2651 unless
24the person employing an industrial homeworker has obtained a
25valid industrial homework license from the division.
26 Application
end delete
27begin insert(b)end insertbegin insert end insertbegin insertApplicationend insert for a license to employ industrial homeworkers
28shall be made to the division inbegin delete suchend deletebegin insert aend insert form as the division may
29by regulation prescribe. A license fee of one hundred dollars ($100)
30for each industrial homeworker employed shall be paid to the
31division andbegin delete suchend deletebegin insert theend insert license shall be valid for a period of one year
32from the date of issuance unless sooner revoked or suspended.
33 Renewal
end delete
34begin insert(c)end insertbegin insert end insertbegin insertRenewalend insert fees shall be at the same rate and conditions as the
35original license.
36 The
end delete
37begin insert(d)end insertbegin insert end insertbegin insertTheend insert division may revoke or suspend the license upon a
38finding that the person has violated this part or has failed to comply
39with the regulations of the division or withbegin delete any provision ofend delete
the
40license. The industrial homework license shall not be transferable.
P175 1 All
end delete
2begin insert(e)end insertbegin insert end insertbegin insertAllend insert licensebegin insert and permitend insert fees received under this part shall be
3paid into thebegin delete State Treasury.end deletebegin insert Labor Enforcement and Compliance
4Fund.end insert
It is the intent of the Legislature that the Labor and
6Workforce Development Agency shall continue to assign the duties
7prescribed in the Labor Code Private Attorneys General Act of
82004 (Part 13 (commencing with Section 2698) of Division 2 of
9the Labor Code) to the departments, divisions, commissions,
10boards, or agencies where those duties are customarily performed.
begin insertSection 2699 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) Notwithstanding any other provision of law, any
13provision of this code that provides for a civil penalty to be
14assessed and collected by the Labor and Workforce Development
15Agency or any of its departments, divisions, commissions, boards,
16agencies, or employees, for a violation of this code, may, as an
17alternative, be recovered through a civil action brought by an
18aggrieved employee on behalf of himself or herself and other
19current or former employees pursuant to the procedures specified
20in Section 2699.3.
21(b) For purposes of this part, “person” has the same meaning
22as defined in Section 18.
23(c) For purposes of this part, “aggrieved employee” means any
24person who was employed by the alleged
violator and against
25whom one or more of the alleged violations was committed.
26(d) For purposes of this part, “cure” means that the employer
27abates each violation alleged by any aggrieved employee, the
28employer is in compliance with the underlying statutes as specified
29in the notice required by this part, and any aggrieved employee is
30made whole. A violation of paragraph (6) or (8) of subdivision (a)
31of Section 226 shall only be considered cured upon a showing that
32the employer has provided a fully compliant, itemized wage
33statement to each aggrieved employee for each pay period for the
34three-year period prior to the date of the written notice sent
35pursuant to paragraph (1) of subdivision (c) of Section 2699.3.
36(e) (1) For purposes of this part, whenever the Labor and
37Workforce Development Agency, or any of its departments,
38divisions, commissions, boards,
agencies, or employees, has
39discretion to assess a civil penalty, a court is authorized to exercise
P176 1the same discretion, subject to the same limitations and conditions,
2to assess a civil penalty.
3(2) In any action by an aggrieved employee seeking recovery
4of a civil penalty available under subdivision (a) or (f), a court
5may award a lesser amount than the maximum civil penalty amount
6specified by this part if, based on the facts and circumstances of
7the particular case, to do otherwise would result in an award that
8is unjust, arbitrary and oppressive, or confiscatory.
9(f) For all provisions of this code except those for which a civil
10penalty is specifically provided, there is established a civil penalty
11for a violation of these provisions, as follows:
12(1) If, at the time of the alleged violation, the person does not
13
employ one or more employees, the civil penalty is five hundred
14dollars ($500).
15(2) If, at the time of the alleged violation, the person employs
16one or more employees, the civil penalty is one hundred dollars
17($100) for each aggrieved employee per pay period for the initial
18violation and two hundred dollars ($200) for each aggrieved
19employee per pay period for each subsequent violation.
20(3) If the alleged violation is a failure to act by the Labor and
21Workplace Development Agency, or any of its departments,
22divisions, commissions, boards, agencies, or employees, there shall
23be no civil penalty.
24(g) (1) Except as provided in paragraph (2), an aggrieved
25employee may recover the civil penalty described in subdivision
26(f) in a civil action pursuant to the procedures specified in Section
272699.3 filed
on behalf of himself or herself and other current or
28former employees against whom one or more of the alleged
29violations was committed. Any employee who prevails in any
30action shall be entitled to an award of reasonable attorney’s fees
31andbegin delete costs.end deletebegin insert
costs, including any filing fee paid pursuant to
32subparagraph (B) of paragraph (1) of subdivision (a) or
33subparagraph (B) of paragraph (1) of subdivision (c) of Section
342699.3.end insert Nothing in this part shall operate to limit an employee’s
35right to pursue or recover other remedies available under state or
36federal law, either separately or concurrently with an action taken
37under this part.
38(2) No action shall be brought under this part for any violation
39of a posting, notice, agency reporting, or filing requirement of this
P177 1code, except where the filing or reporting requirement involves
2mandatory payroll or workplace injury reporting.
3(h) No action may be brought under this section by an aggrieved
4employee if the agency or any of its departments, divisions,
5commissions, boards, agencies, or employees, on the same facts
6and theories, cites a
person within the timeframes set forth in
7Section 2699.3 for a violation of the same section or sections of
8the Labor Code under which the aggrieved employee is attempting
9to recover a civil penalty on behalf of himself or herself or others
10or initiates a proceeding pursuant to Section 98.3.
11(i) Except as provided in subdivision (j), civil penalties
12recovered by aggrieved employees shall be distributed as follows:
1375 percent to the Labor and Workforce Development Agency for
14enforcement of laborbegin delete laws andend deletebegin insert
laws, including the administration
15of this part, and forend insert education of employers and employees about
16their rights and responsibilities under this code, to be continuously
17appropriated to supplement and not supplant the funding to the
18agency for those purposes; and 25 percent to the aggrieved
19employees.
20(j) Civil penalties recovered under paragraph (1) of subdivision
21(f) shall be distributed to the Labor and Workforce Development
22Agency for enforcement of laborbegin delete laws andend deletebegin insert laws, including the
23administration of this part, and forend insert education of employers and
24employees about their rights and responsibilities under this code,
25to be continuously appropriated to supplement and not supplant
26the funding to the agency for those
purposes.
27(k) Nothing contained in this part is intended to alter or
28otherwise affect the exclusive remedy provided by the workers’
29compensation provisions of this code for liability against an
30employer for the compensation for any injury to or death of an
31employee arising out of and in the course of employment.
32(l) The superior court shall review and approve any penalties
33sought as part of a proposed settlement agreement pursuant to this
34part.
35
(l) (1) For cases filed on or after July 1, 2016, the aggrieved
36employee or representative shall,
within 10 days following
37commencement of a civil action pursuant to this part, provide the
38Labor and Workforce Development Agency with a file-stamped
39copy of the complaint that includes the case number assigned by
40the court.
P178 1
(2) The superior court shall review and approve any settlement
2of any civil action filed pursuant to this part. The proposed
3settlement shall be submitted to the agency at the same time that
4it is submitted to the court.
5
(3) A copy of the superior court’s judgment in any civil action
6filed pursuant to this part and any other order in that action that
7either provides for or denies an award of civil penalties under this
8code shall be submitted to the agency within 10 days after entry
9of the judgment or order.
10
(4) Items required
to be submitted to the Labor and Workforce
11Development Agency under this subdivision or to the Division of
12Occupational Safety and Health pursuant to paragraph (4) of
13subdivision (b) of Section 2699.3, shall be transmitted online
14through the same system established for the filing of notices and
15requests under subdivisions (a) and (c) of Section 2699.3.
16(m) This section shall not apply to the recovery of administrative
17and civil penalties in connection with the workers’ compensation
18law as contained in Division 1 (commencing with Section 50) and
19Division 4 (commencing with Section 3200), including, but not
20limited to, Sections 129.5 and 132a.
21(n) The agency or any of its departments, divisions,
22commissions, boards, or agencies may promulgate regulations to
23implement the provisions of this part.
begin insertSection 2699.3 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
25read:end insert
(a) A civil action by an aggrieved employee pursuant
27to subdivision (a) or (f) of Section 2699 alleging a violation of any
28provision listed in Section 2699.5 shall commence only after the
29following requirements have been met:
30(1) begin insert(A)end insertbegin insert end insertThe aggrieved employee or representative shall give
31written notice bybegin delete certified mail toend deletebegin insert online filing withend insert the Labor and
32Workforce Development Agency andbegin insert
by certified mail toend insert the
33employer of the specific provisions of this code alleged to have
34been violated, including the facts and theories to support the alleged
35violation.
36
(B) A notice filed with the Labor and Workforce Development
37Agency pursuant to subparagraph (A) and any employer response
38to that notice shall be accompanied by a filing fee of seventy-five
39dollars ($75). The fees required by this subparagraph are subject
P179 1to waiver in accordance with the requirements of Sections 68632
2and 68633 of the Government Code.
3
(C) The fees paid pursuant to subparagraph (B) shall be paid
4into the Labor and Workforce Development Fund and used for the
5purposes specified in subdivision (j) of Section 2699.
6(2) (A) The agency shall notify the employer and the aggrieved
7employee or representative by certified mail that it does not intend
8to investigate the alleged violation withinbegin delete 30end deletebegin insert 60end insert calendar days of
9the postmark date of the notice received pursuant to paragraph (1).
10Upon receipt of that notice or if no notice is provided withinbegin delete 33end delete
11begin insert 65end insert calendar days of the postmark date of the notice given pursuant
12to paragraph (1), the aggrieved employee may commence a civil
13action pursuant to Section 2699.
14(B) If the agency intends to investigate the alleged violation, it
15shall notify the employer and the aggrieved employee or
16representative by certified mail of its decision withinbegin delete 33end deletebegin insert 65end insert calendar
17days of the postmark date of the notice received pursuant to
18paragraph (1). Within 120 calendar days of that decision, the
19agency may investigate the alleged violation and issue any
20appropriate citation.begin insert If the agency, during the course of its
21investigation, determines that additional time is necessary to
22complete the investigation, it may extend the time by not more than
2360 additional calendar days and shall issue a notice of the
24extension.end insert If the agency determines that no citation will be issued,
25it shall
notify the employer and aggrieved employee of that decision
26within five business days thereof by certified mail. Upon receipt
27of that notice or if no citation is issued by the agency within the
28begin delete 158-day periodend deletebegin insert time limitsend insert prescribed by subparagraph (A) and
29this subparagraph or if the agency fails to provide timely or any
30notification, the aggrieved employee may commence a civil action
31pursuant to Section 2699.
32(C) Notwithstanding any other provision of law, a plaintiff may
33as a matter of right amend an existing complaint to add a cause of
34action arising under this part at any time within 60 days of the time
35periods specified in this part.
36
(D) The time limits prescribed by this paragraph shall only
37apply if the notice required by paragraph (1) is filed with the
38agency on or after July 1, 2016. For notices submitted prior to
39July 1, 2016, the time limits in effect on the postmark date of the
40notice shall apply.
P180 1(b) A civil action by an aggrieved employee pursuant to
2subdivision (a) or (f) of Section 2699 alleging a violation of any
3provision of Division 5 (commencing with Section 6300) other
4than those listed in Section 2699.5 shall commence only after the
5following requirements have been met:
6(1) The aggrieved employee or representative shall give notice
7bybegin delete certified mail toend deletebegin insert
online filing withend insert the Division of Occupational
8Safety and Health andbegin insert by certified mail toend insert the employer, with a
9copy to the Labor and Workforce Development Agency, of the
10specific provisions of Division 5 (commencing with Section 6300)
11alleged to have been violated, including the facts and theories to
12support the alleged violation.
13(2) (A) The division shall inspect or investigate the alleged
14violation pursuant to the procedures specified in Division 5
15(commencing with Section 6300).
16(i) If the division issues a citation, the employee may not
17commence an action pursuant to Section 2699. The division shall
18notify the aggrieved employee and employer in writing within 14
19calendar days of certifying that the
employer has corrected the
20violation.
21(ii) If by the end of the period for inspection or investigation
22provided for in Section 6317, the division fails to issue a citation
23and the aggrieved employee disputes that decision, the employee
24may challenge that decision in the superior court. In such an action,
25the superior court shall follow precedents of the Occupational
26Safety and Health Appeals Board. If the court finds that the division
27should have issued a citation and orders the division to issue a
28citation, then the aggrieved employee may not commence a civil
29action pursuant to Section 2699.
30(iii) A complaint in superior court alleging a violation of
31Division 5 (commencing with Section 6300) other than those listed
32in Section 2699.5 shall include therewith a copy of the notice of
33violation provided to the division and employer pursuant to
34paragraph (1).
35(iv) The superior court shall not dismiss the action for
36nonmaterial differences in facts or theories between those contained
37in the notice of violation provided to the division and employer
38pursuant to paragraph (1) and the complaint filed with the court.
P181 1(B) If the division fails to inspect or investigate the alleged
2violation as provided by Section 6309, the provisions of subdivision
3(c) shall apply to the determination of the alleged violation.
4(3) (A) Nothing in this subdivision shall be construed to alter
5the authority of the division to permit long-term abatement periods
6or to enter into memoranda of understanding or joint agreements
7with employers in the case of long-term abatement issues.
8(B) Nothing in this subdivision shall
be construed to authorize
9an employee to file a notice or to commence a civil action pursuant
10to Section 2699 during the period that an employer has voluntarily
11entered into consultation with the division to ameliorate a condition
12in that particular worksite.
13(C) An employer who has been provided notice pursuant to this
14section may not then enter into consultation with the division in
15order to avoid an action under this section.
16(4) The superior court shall review and approve any proposed
17settlement of alleged violations of the provisions of Division 5
18(commencing with Section 6300) to ensure that the settlement
19provisions are at least as effective as the protections or remedies
20provided by state and federal law or regulation for the alleged
21violation. The provisions of the settlement relating to health and
22safety laws shall be submitted to the division at the same time that
23they
are submitted to the court. This requirement shall be construed
24to authorize and permit the division to comment on those settlement
25provisions, and the court shall grant the division’s commentary
26the appropriate weight.
27(c) A civil action by an aggrieved employee pursuant to
28subdivision (a) or (f) of Section 2699 alleging a violation of any
29provision other than those listed in Section 2699.5 or Division 5
30(commencing with Section 6300) shall commence only after the
31following requirements have been met:
32(1) begin insert(A)end insertbegin insert end insertThe aggrieved employee or representative shall give
33written notice bybegin delete certified mail toend deletebegin insert
online filing withend insert the Labor and
34Workforce Development Agency andbegin insert by certified mail toend insert the
35employer of the specific provisions of this code alleged to have
36been violated, including the facts and theories to support the alleged
37violation.
38
(B) A notice filed with the Labor and Workforce Development
39Agency pursuant to subparagraph (A) and any employer response
40to that notice shall be accompanied by a filing fee of seventy-five
P182 1dollars ($75). The fees required by this subparagraph are subject
2to waiver in accordance with the requirements of Sections 68632
3and 68633 of the Government Code.
4
(C) The fees paid pursuant to subparagraph
(B) shall be paid
5into the Labor and Workforce Development Fund and used for the
6purposes specified in subdivision (j) of Section 2699.
7(2) (A) The employer may cure the alleged violation within 33
8calendar days of the postmark date of thebegin delete notice.end deletebegin insert notice sent by
9the aggrieved employee or representative.end insert The employer shall give
10written noticebegin delete by certified mailend delete within that period of timebegin insert
by
11certified mailend insert to the aggrieved employee or representative andbegin insert by
12online filing withend insert the agency if the alleged violation is cured,
13including a description of actions taken, and no civil action
14pursuant to Section 2699 may commence. If the alleged violation
15is not cured within the 33-day period, the employee may commence
16a civil action pursuant to Section 2699.
17(B) (i) Subject to the limitation in clause (ii), no employer may
18avail himself or herself of the notice and cure provisions of this
19subdivision more than three times in a 12-month period for the
20same violation or violations contained in the notice, regardless of
21the location of the worksite.
22(ii) No employer may avail himself or herself of the notice
and
23cure provisions of this subdivision with respect to alleged violations
24of paragraph (6) or (8) of subdivision (a) of Section 226 more than
25once in a 12-month period for the same violation or violations
26contained in the notice, regardless of the location of the worksite.
27(3) If the aggrieved employee disputes that the alleged violation
28has been cured, the aggrieved employee or representative shall
29provide written noticebegin insert by online filing with the agency andend insert by
30certifiedbegin delete mail,end deletebegin insert mail to the employer,end insert including specified grounds
31to support that dispute, to the employer and the agency. Within 17
32calendar days of thebegin delete postmark dateend deletebegin insert
receiptend insert of that notice, the agency
33shall review the actions taken by the employer to cure the alleged
34violation, and provide written notice of its decision by certified
35mail to the aggrieved employee and the employer. The agency
36may grant the employer three additional business days to cure the
37alleged violation. If the agency determines that the alleged violation
38has not been cured or if the agency fails to provide timely or any
39notification, the employee may proceed with the civil action
40pursuant to Section 2699. If the agency determines that the alleged
P183 1violation has been cured, but the employee still disagrees, the
2employee may appeal that determination to the superior court.
3(d) The periods specified in this section are not counted as part
4of the time limited for the commencement of the civil action to
5recover penalties under this part.
6
(e) This section shall remain in effect only until July 1, 2021,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before July 1, 2021, deletes or extends that date.
begin insertSection 2699.3 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert
begin insert(a) A civil action by an aggrieved employee pursuant
11to subdivision (a) or (f) of Section 2699 alleging a violation of any
12provision listed in Section 2699.5 shall commence only after the
13following requirements have been met:
14
(1) (A) The aggrieved employee or representative shall give
15written notice by online filing with the Labor and Workforce
16Development Agency and by certified mail to the employer of the
17specific provisions of this code alleged to have been violated,
18including the facts and theories to support the alleged violation.
19
(B) A notice filed with the Labor and Workforce Development
20Agency pursuant to subparagraph
(A) and any employer response
21to that notice shall be accompanied by a filing fee of seventy-five
22dollars ($75). The fees required by this subparagraph are subject
23to waiver in accordance with the requirements of Sections 68632
24and 68633 of the Government Code.
25
(C) The fees paid pursuant to subparagraph (B) shall be paid
26into the Labor and Workforce Development Fund and used for the
27purposes specified in subdivision (j) of Section 2699.
28
(2) (A) The agency shall notify the employer and the aggrieved
29employee or representative by certified mail that it does not intend
30to investigate the alleged violation within 60 calendar days of the
31postmark date of the notice received pursuant to paragraph (1).
32Upon receipt of that notice or if no notice is provided within 65
33calendar days of the postmark date of the notice given pursuant
34to
paragraph (1), the aggrieved employee may commence a civil
35action pursuant to Section 2699.
36
(B) If the agency intends to investigate the alleged violation, it
37shall notify the employer and the aggrieved employee or
38representative by certified mail of its decision within 65 calendar
39days of the postmark date of the notice received pursuant to
40paragraph (1). Within 120 calendar days of that decision, the
P184 1agency may investigate the alleged violation and issue any
2appropriate citation. If the agency determines that no citation will
3be issued, it shall notify the employer and aggrieved employee of
4that decision within five business days thereof by certified mail.
5Upon receipt of that notice or if no citation is issued by the agency
6within the time limits prescribed by subparagraph (A) and this
7subparagraph or if the agency fails to provide timely or any
8notification, the aggrieved employee may commence a civil action
9pursuant
to Section 2699.
10
(C) Notwithstanding any other provision of law, a plaintiff may
11as a matter of right amend an existing complaint to add a cause
12of action arising under this part at any time within 60 days of the
13time periods specified in this part.
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 Health
21and by certified mail to the employer, with a copy to the Labor
22and Workforce
Development Agency, of the specific provisions of
23Division 5 (commencing with Section 6300) alleged to have been
24violated, including the facts and theories to support the alleged
25violation.
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
38action, the superior court shall follow precedents of the
39Occupational Safety and Health Appeals Board. If the court finds
40that the division should have issued a citation and orders the
P185 1division to issue a citation, then the aggrieved employee may not
2commence a civil action 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
10contained in the notice of violation
provided to the division and
11employer pursuant to paragraph (1) and the complaint filed with
12the court.
13
(B) If the division fails to inspect or investigate the alleged
14violation as provided by Section 6309, the provisions of subdivision
15(c) shall apply to the determination of the alleged violation.
16
(3) (A) Nothing in this subdivision shall be construed to alter
17the authority of the division to permit long-term abatement periods
18or to enter into memoranda of understanding or joint agreements
19with employers in the case of long-term abatement issues.
20
(B) Nothing in this subdivision shall be construed to authorize
21an employee to file a notice or to commence a civil action pursuant
22to Section 2699 during the period that an employer has voluntarily
23
entered into consultation with the division to ameliorate a condition
24in that particular worksite.
25
(C) An employer who has been provided notice pursuant to this
26section may not then enter into consultation with the division in
27order to avoid an action under this section.
28
(4) The superior court shall review and approve any proposed
29settlement of alleged violations of the provisions of Division 5
30(commencing with Section 6300) to ensure that the settlement
31provisions are at least as effective as the protections or remedies
32provided by state and federal law or regulation for the alleged
33violation. The provisions of the settlement relating to health and
34safety laws shall be submitted to the division at the same time that
35they are submitted to the court. This requirement shall be construed
36to authorize and permit the division to comment
on those settlement
37provisions, and the court shall grant the division’s commentary
38the appropriate weight.
39
(c) A civil action by an aggrieved employee pursuant to
40subdivision (a) or (f) of Section 2699 alleging a violation of any
P186 1provision other than those listed in Section 2699.5 or Division 5
2(commencing with Section 6300) shall commence only after the
3following requirements have been met:
4
(1) (A) The aggrieved employee or representative shall give
5written notice by online filing with the Labor and Workforce
6Development Agency and by certified mail to the employer of the
7specific provisions of this code alleged to have been violated,
8including the facts and theories to support the alleged violation.
9
(B) A notice filed with the Labor and
Workforce Development
10Agency pursuant to subparagraph (A) and any employer response
11to that notice shall be accompanied by a filing fee of seventy-five
12dollars ($75). The fees required by this subparagraph are subject
13to waiver in accordance with the requirements of Sections 68632
14and 68633 of the Government Code.
15
(C) The fees paid pursuant to subparagraph (B) shall be paid
16into the Labor and Workforce Development Fund and used for the
17purposes specified in subdivision (j) of Section 2699.
18
(2) (A) The employer may cure the alleged violation within 33
19calendar days of the postmark date of the notice sent by the
20aggrieved employee or representative. The employer shall give
21written notice within that period of time by certified mail to the
22aggrieved employee or representative and by online filing with
23the agency if the alleged
violation is cured, including a description
24of actions taken, and no civil action pursuant to Section 2699 may
25commence. If the alleged violation is not cured within the 33-day
26period, the employee may commence a civil action pursuant to
27Section 2699.
28
(B) (i) Subject to the limitation in clause (ii), no employer may
29avail himself or herself of the notice and cure provisions of this
30subdivision more than three times in a 12-month period for the
31same violation or violations contained in the notice, regardless of
32the location of the worksite.
33
(ii) No employer may avail himself or herself of the notice and
34cure provisions of this subdivision with respect to alleged violations
35of paragraph (6) or (8) of subdivision (a) of Section 226 more than
36once in a 12-month period for the same violation or violations
37contained in the notice,
regardless of the location of the worksite.
38
(3) If the aggrieved employee disputes that the alleged violation
39has been cured, the aggrieved employee or representative shall
40provide written notice by online filing with the agency and by
P187 1certified mail to the employer, including specified grounds to
2support that dispute, to the employer and the agency. Within 17
3calendar days of the receipt of that notice, the agency shall review
4the actions taken by the employer to cure the alleged violation,
5and provide written notice of its decision by certified mail to the
6aggrieved employee and the employer. The agency may grant the
7employer three additional business days to cure the alleged
8violation. If the agency determines that the alleged violation has
9not been cured or if the agency fails to provide timely or any
10notification, the employee may proceed with the civil action
11pursuant to Section 2699. If the agency determines that
the alleged
12violation has been cured, but the employee still disagrees, the
13employee may appeal that determination to the superior court.
14
(d) The periods specified in this section are not counted as part
15of the time limited for the commencement of the civil action to
16recover penalties under this part.
17
(e) This section shall become operative on July 1, 2021.
begin insertSection 4724 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The person or persons to whom the special death benefit
20is payable pursuant to Section 4722 shall file a claim therefor with
21thebegin delete State Board of Control,end deletebegin insert Department of General Services,end insert which
22shall be processed pursuant to the provisions of Chapter 3
23(commencing with Section 900) of Part 2 of Division 3.6 of Title
241 of the Government Code.
begin insertSection 4725 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The State Compensation Insurance Fund shall be the
27disbursing agent for payments made pursuant to this article and
28shall receive a fee for its services to be negotiated by thebegin delete State begin insert Department of General Services.end insert Unless
29Board of Control.end delete
30otherwise provided herein, payments shall be made in accordance
31with the provisions of this division.
begin insertSection 4726 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Thebegin delete State Board of Controlend deletebegin insert Department of General
34Servicesend insert and the Administrative Director of the Division of
35Workers’ Compensation shall jointly adopt rules and regulations
36as may be necessary to carry out the provisions of this article.
begin insertSection 6507 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The division shall setbegin delete a feeend deletebegin insert feesend insert to be charged forbegin delete suchend delete
39 permitsbegin insert and registrationsend insert inbegin delete an amountend deletebegin insert amountsend insert reasonably
40necessary to cover the costs involved inbegin delete investigating and issuing begin insert
administering the permitting and registration
P188 1such permits.end delete
2programs in this chapter. All permit and registration fees collected
3under this chapter shall be deposited in the Occupational Safety
4and Health Fund.end insert
begin insertSection 7311.4 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
6read:end insert
(a) The division shall establish fees for initial and
8renewal applications for certification under this chapter as a
9certified qualified conveyance inspector, certified qualified
10conveyance company, or certified competent conveyance mechanic
11based upon thebegin delete actual costs involved with the certification process,end delete
12begin insert costs to the division of administering the certification and licensing
13program in this chapter,end insert including the cost of developing and
14administering any tests as well as any costs related to continuing
15education, investigation, revocation, or other associated costs.begin insert
In
16fixing the amount of these fees, the division may include direct
17costs and a reasonable percentage attributable to the indirect costs
18of the division for administering this chapter.end insert
19(b) Fees collected pursuant to this chapter are nonrefundable.
begin insertSection 7314 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete may,end deletebegin insert shall,end insert subject to subdivision (f),
22fix and collect fees for the inspection of conveyances as itbegin delete deemsend delete
23begin insert determines to beend insert necessary to coverbegin delete the actual costs of having the begin insert
the costs to the division
24inspection performed by a division safety engineer, including
25administrative costs, and the costs related to regulatory
26development as required by Section 7323. An additional fee may,
27in the discretion of the division, be chargedend delete
28of administering the inspection and permitting programs in this
29chapter, including feesend insert for necessary subsequent inspections to
30determine if applicable safety orders have been compliedbegin delete with. begin insert with and
31The division may fix and collect fees for field consultations
32regarding conveyances as it deems necessary to cover the actual
33costs of the time spent in the consultation by a division safety
34engineer, including administrative and travel expenses.end delete
35for field consultations. In fixing the amount of these fees, the
36division may include direct costs and a reasonable percentage
37attributable to the indirect costs of the division for administering
38this chapter, including the costs related to regulatory development
39as required by Section 7323.end insert
P189 1(b) Notwithstanding Section 6103 of the Government Code, the
2division may collect the fees authorized by subdivision (a) from
3the state or any county, city, district, or other political subdivision.
4(c) Whenever a person owning or having the custody,
5management, or operation of a conveyance fails to pay the fees
6required under this chapter within 60 days after the date of
7notification, he or she shall pay, in addition to the fees required
8under this chapter, a penalty fee equal to 100 percent of the fee.
9Failure to pay fees within 60 days after the date of notification
10constitutes cause for the division to prohibit use of the conveyance.
11(d) (1) Any fees required pursuant to this section shall, except
12as otherwise provided in paragraph (2), be set forth in regulations
13that shall be adopted as
emergency regulations. These emergency
14regulations shall not be subject to the review and approval of the
15Office of Administrative Law pursuant to the Administrative
16Procedure Act (Chapter 3.5 (commencing with Section 11340) of
17Part 1 of Division 3 of Title 2 of the Government Code). These
18regulations shall become effective immediately upon filing with
19the Secretary of State.
20(2) A suspension or reduction of fees pursuant to subdivision
21(f) is not required to be set forth in a regulation.
22(e) For purposes of this section, the date of the invoice assessing
23a fee pursuant to this section shall be considered the date of
24notification.
25(f) (1) For the 2015-16 fiscal year, the fees for the annual and
26biennial inspection of conveyances required by Section 7304 are
27suspended on a one-time basis.
28(2) For the 2016-17 fiscal year, and for every fiscal year
29thereafter, the Director of Industrial Relations, upon concurrence
30of the Department of Finance, may suspend or reduce the fees for
31the annual and biennial inspections of conveyances required by
32Section 7304 on a one-time basis for that fiscal year in order to
33reduce the amount of moneys in the Elevator Safety Account.
begin insertSection 7315 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Fees shall be paid before the issuance of any permit to
36operate a conveyance, but a temporary permit may be issued
37pending receipt of fee payment.begin delete Noend deletebegin insert The division shall not charge
38an inspectionend insert feebegin delete may be charged by the division whereend deletebegin insert ifend insert an
39inspection has been made by an inspector of an insurance company
40or municipalitybegin delete if that inspectorend deletebegin insert
whoend insert holds a certificate as a
P190 1conveyance inspector and an inspection report is filed with the
2division within 21 days after inspection is made.begin insert The division may
3charge a fee for processing and issuing the permit to operate.end insert
begin insertThe heading of Chapter 4 (commencing with Section
57340) of Part 3 of Division 5 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
6read:end insert
7
begin insertSection 7340 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
As used in this chapter:
12(a) begin delete“Aerial passenger end deletebegin insert“Passenger end inserttramway” includes any
13method or device used primarily for the purpose of transporting
14persons by means of cables or ropes suspended between two or
15more points or structures.
16(b) “Permit” means a permit issued by the division to operate
17begin delete an aerialend deletebegin insert aend insert
passenger tramway in any place.
begin insertSection 7341 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteNo aerial end deletebegin insertA end insertpassenger tramway shallbegin insert notend insert be operated in
20any place in this state unless a permit for the operationbegin delete thereofend deletebegin insert of
21the tramwayend insert is issued by the division, and unlessbegin delete suchend deletebegin insert
theend insert permit
22remains in effect and is kept posted conspicuously in the main
23operating terminal of the tramway.
begin insertSection 7342 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The operation ofbegin delete an aerialend deletebegin insert aend insert passenger tramway by any
26person owning or having the custody, management, or operation
27thereof without a permit is a misdemeanor, and each day of
28operation without a permit is a separate offense. No prosecution
29shall be maintained where the issuance or renewal of a permit has
30been requested and remains unacted upon.
begin insertSection 7343 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Wheneverbegin delete an aerialend deletebegin insert aend insert passenger tramway in any place
33is being operated without the permit herein required, and is in such
34condition that its use is dangerous to the life or safety of any
35person, the division, or any person affected thereby, may apply to
36the superior court of the county in which thebegin delete aerialend delete passenger
37tramway is located for an injunction restraining the operation of
38thebegin delete aerialend delete passenger tramway until the condition is corrected. Proof
39by
certification of the division that a permit has not been issued,
40together with the affidavit of any safety engineer of the division
P191 1that the operation of thebegin delete aerialend delete passenger tramway is dangerous to
2the life or safety of any person, is sufficient ground, in the
3discretion of the court, for the immediate granting of a temporary
4restraining order.
begin insertSection 7344 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The division shall cause allbegin delete aerialend delete passenger
7tramways to be inspected at least two times each year.
8(b) At least one of the inspections required by subdivision (a)
9shall take place between November 15 of each year and March 15
10of the succeeding year.
11(c) Ifbegin delete an aerialend deletebegin insert aend insert passenger tramway is found upon inspection
12to be in a safe condition for operation, a permit for operation for
13not
longer than one year shall be issued by the division.
begin insertSection 7345 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
If inspection showsbegin delete an aerialend deletebegin insert aend insert passenger tramway to be
16in an unsafe condition, the division may issue a preliminary order
17requiring repairs or alterations to be made to thebegin delete aerialend delete passenger
18tramwaybegin delete whichend deletebegin insert thatend insert are necessary to render it safe, and may order
19the operation or use thereof discontinued until the repairs or
20alterations are made or the
unsafe conditions are removed.
begin insertSection 7346 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Unless the preliminary order is complied with, a hearing
23before the division shall be allowed, upon request, at which the
24owner, operator, or other person in charge of thebegin delete aerialend delete passenger
25tramway may appear and show cause why he should not comply
26with the order.
begin insertSection 7347 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
If it thereafter appears to the division that thebegin delete aerialend delete
29 passenger tramway is unsafe and that the requirements contained
30in the preliminary order should be complied with, or that other
31things should be done to makebegin delete such aerialend deletebegin insert theend insert passenger tramway
32safe, the division may order or confirm the withholding of the
33permit and may makebegin delete suchend delete requirements as itbegin delete deemsend deletebegin insert
determines
34to beend insert
proper for its repair or alteration or for the correction ofbegin delete suchend delete
35begin insert theend insert unsafe condition.begin delete Suchend deletebegin insert Theend insert order may thereafter be reheard by
36the division or reviewed by the courtsbegin insert onlyend insert in the manner specified
37for safety orders by Part 1begin delete of this division and not otherwise.end delete
38
begin insert (commencing with Section 6300).end insert
begin insertSection 7348 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
If the operation ofbegin delete an aerialend deletebegin insert aend insert passenger tramway during
2the making of repairs or alterations is not immediately dangerous
3to the safety of employees or others, the division may issue a
4temporary permit for the operationbegin delete thereofend deletebegin insert of the tramwayend insert forbegin insert a
5termend insert not to exceed 30 days during the making of repairs or
6
alterations.
begin insertSection 7350 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete mayend deletebegin insert shallend insert fix and collect fees for the
9inspection ofbegin delete aerialend delete passenger tramways as it deems necessary to
10cover thebegin delete actual cost of having the inspection performed by a begin insert costs of the division in administering this
11division safety engineer.end delete
12chapter. In fixing the amount of these fees, the division may include
13direct costs and a reasonable
percentage attributable to the
14indirect costs of the division for administering this chapter.end insert The
15divisionbegin delete mayend deletebegin insert shallend insert not chargebegin insert an inspection feeend insert for inspections
16performed by certified insurance inspectors, but may charge a fee
17begin delete of not more than ten dollars ($10) to cover the cost ofend deletebegin insert forend insert
18 processing the permit when issued by the division as a result of
19the inspection. Notwithstanding Section 6103 of the Government
20Code, the division may collect the fees authorized by this section
21from the state or any
county, city, district, or other political
22subdivision.
23(b) Whenever a person owning or having custody, management,
24or operation ofbegin delete an aerialend deletebegin insert aend insert passenger tramway fails to pay any fee
25required under this chapter within 60 days after the date of
26notification by the division, the division shall assess a penalty fee
27equal to 100 percent of the initial fee. For purposes of this section,
28the date of the invoice fixing the fee shall be considered the date
29of notification.
begin insertSection 7351 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
Fees shall be paid before issuance of a permit to operate
32begin delete an aerialend deletebegin insert aend insert passenger tramway, except that the division, at its own
33discretion, may issue a temporary operating permit not to exceed
3430 days, pending receipt of payment of fees.
begin insertSection 7352 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertAll fees collected by the division under this chapter
37shall be deposited into thebegin delete Elevator Safety Accountend deletebegin insert Occupational
38Safety and Health Fundend insert to support the division’sbegin delete aerialend delete passenger
39tramway inspection program.
P193 1
(b) On the effective date of the statute adding
this subdivision,
2any moneys in the Elevator Safety Account that, before that date,
3were deposited pursuant to this section, subdivision (a) of Section
47904, or subdivision (b) of Section 7929 shall be transferred to
5the Occupational Safety and Health Fund, together with any assets,
6liabilities, revenues, expenditures, and encumbrances of that fund
7that are attributable to the division’s passenger tramway inspection
8program under this chapter, the portable amusement ride
9inspection program under Part 8 (commencing with Section 7900),
10and the Permanent Amusement Ride Safety Inspection Program
11(Part 8.1 (commencing with Section 7920)).
begin insertSection 7353 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteNo aerial end deletebegin insert(a)end insertbegin insert end insertbegin insertA end insertpassenger tramway shallbegin insert notend insert be
14constructed or altered until the plans and design information have
15been properly certified to the division by an engineer qualified
16under thebegin delete Civil andend delete Professional Engineers Act (Chapterbegin delete 7, begin insert
7 (commencing end insert
with Section
17commencingend deletebegin delete 6700,end deletebegin insert 6700)end insert of Division
183 of the Business and Professions Code).
19 Any
end delete
20begin insert(b)end insertbegin insert end insertbegin insertAnyend insert person who owns, has custody of, manages, or operates
21begin delete an aerialend deletebegin insert aend insert passenger tramway shall notify the division
prior to
22any major repair ofbegin delete suchend deletebegin insert
theend insert tramway.
begin insertSection 7354 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The division shall not issue an operating permit to operate
25begin delete an aerialend deletebegin insert aend insert passenger tramway until it receives certification in
26writing by an engineer qualified under thebegin delete Civil andend delete Professional
27Engineers Act (Chapterbegin delete 7, commencing with Section 6700,end deletebegin insert 7
28(commencing with Section 6700)end insert of Division 3 of the Business and
29Professions Code) that the erection
work onbegin delete suchend deletebegin insert
theend insert tramway has
30been completed in accordance with the design and erection plans
31forbegin delete suchend deletebegin insert theend insert
tramway.
begin insertSection 7354.5 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
33read:end insert
begin insert(a)end insertbegin insert end insertNotwithstanding any other provision of this
35chapter, in any case in which an insurer admitted to transact
36insurance in this state has inspected or caused to be inspected, by
37a qualified, licensed professional engineerbegin delete who isend delete registered in
38California pursuant to Chapter 7 (commencing with Section 6700)
39of Division 3 of the Business and Professions Code, anybegin delete aerialend delete
40 passenger tramway used as a ski lift, the division may, if it finds
P194 1begin delete suchend deletebegin insert
thoseend insert inspections were made according tobegin delete the provisions ofend delete
2 subdivisions (a) and (b) of Section 7344, acceptbegin delete suchend deletebegin insert theend insert
3 inspections in lieu of any other inspections for that year, except
4that the initial inspection of a new ski lift or of a major alteration
5to an existing ski lift shall be performed by a division safety
6engineer.begin delete Suchend deletebegin insert Aend insert private inspector shall, before commencing his
7begin insert or herend insert duties
therein, secure from the division a certificate of
8competency to makebegin delete suchend delete inspections. The division may determine
9the competency of any applicant forbegin delete suchend deletebegin insert aend insert certificate, either by
10examination or by other satisfactory proof of qualification.
11 The
end delete
12begin insert(b)end insertbegin insert end insertbegin insertTheend insert
division may rescind at any time, upon good cause being
13shown therefor, and after hearing, if requested, any certificate of
14competency issued by it to a ski lift inspector. The inspection
15reports made to the division shall be inbegin delete suchend deletebegin insert aend insert form and content
16as the divisionbegin delete may findend deletebegin insert findsend insert necessary for acceptance as a proper
17inspection made bybegin delete suchend deletebegin insert aend insert private inspector.
begin insertSection 7356 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The division shall, under the authority of Section 7355,
20promulgate and cause to be published safety orders directing each
21owner or operator ofbegin delete an aerialend deletebegin insert aend insert passenger tramway to report to
22the division each known incident where the maintenance, operation,
23or use ofbegin delete suchend deletebegin insert theend insert tramway results in injury to any person, unless
24begin delete suchend deletebegin insert
theend insert injury does not require medical service other than ordinary
25first aid treatment.
begin insertSection 7357 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
The division shall establish standards for the qualification
28of persons engaged in the operation ofbegin delete aerialend delete passenger tramways,
29whether as employees or otherwise. The standards shall be
30consistent with the general objective of this chapter in providing
31for the safety of members of the public who usebegin delete aerialend delete passenger
32tramways and those engaged in their operation.
begin insertSection 7373 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) begin deleteNo end deletebegin insertA end inserttower crane shallbegin insert notend insert be operated at any
35worksite unless an employer obtains a permit from the division.
36The division shall conduct an investigation for purposes of issuing
37a permit in an expeditious manner. If the division does not issue
38a permit within 10 days after being requested to do so by a crane
39employer, the crane employer may operate the crane without a
40permit.
P195 1(b) The division shall setbegin delete a feeend deletebegin insert
feesend insert to be charged for these
2permits in an amount sufficient to cover thebegin delete cost of funding the begin insert costs of administering this article.
3issuance of the permits and the safety engineers as provided by
4subdivision (a) of Section 7372.end delete
5In fixing the amount of these fees, the division may include direct
6costs and a reasonable percentage attributable to the indirect costs
7of the division for administering this article.end insert
8(c) The permit for a fixed tower crane shall be valid for the
9period of time that the tower crane is fixed to the site.
10(d) The permit for a mobile tower crane shall be valid for one
11calendar year.
begin insertSection 7380 of the end insertbegin insertLabor Codeend insertbegin insert is repealed.end insert
The division may collect fees for the examination and
14licensing of crane certifiers as necessary to cover the actual costs,
15including administrative costs. All fees collected by the division
16under this chapter shall be paid into the General Fund.
begin insertSection 7380 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert
begin insert(a) The division shall set fees for the examination and
19licensing of crane certifiers as necessary to cover the costs of
20administering this article. In fixing the amount of these fees, the
21division may include direct costs and a reasonable percentage
22attributable to the indirect costs of the division for administering
23this article.
24
(b) All fees collected by the division under this chapter shall be
25deposited into the Occupational Safety and Health Fund.
begin insertSection 7720 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteNo fee shall be charged by the division end deletebegin insertThe division shall
28not charge an inspection fee end insertwhere an inspection is made by a
29certifiedbegin delete inspector; provided,end deletebegin insert inspector ifend insert the inspection has been
30made and reports have been submitted within the time limits
31specified in this part.
begin insertSection 7721 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete mayend deletebegin insert shallend insert fix and collect fees for the
34shop, field, and resale inspection of tanks and boilers and for
35consultations, surveys, audits, and other activities required or
36related to national standards concerning the design or construction
37of boilers or pressure vessels or for evaluating fabricator’s plant
38facilities when these services are requested of the division by
39entities desiring these services. The divisionbegin delete mayend deletebegin insert
shallend insert
fix and
40collect the fees for the inspection of pressure vesselsbegin delete as it deems by a division safety
P196 1necessary to cover the actual costs of having the inspection
2performedend deletebegin delete engineer, including administrative begin insert engineer. The division may charge an additional feeend insert for
3costs. An additional fee may, in the discretion of the division, be
4chargedend delete
5necessary subsequent inspections to determine if applicable safety
6orders have been complied with.
7(b) The divisionbegin delete mayend deletebegin insert shallend insert charge a
feebegin delete of not more than fifteen begin insert
forend insert processing a permit.
8dollars ($15) to cover the cost ofend delete
9(c) The divisionbegin delete mayend deletebegin insert shallend insert fix and collect fees for field
10consultations regarding pressurebegin delete vessels as it deems necessary to begin insert vessels.end insert
11cover the actual costs of the time spent in the consultation by a
12division safety engineer, including administrative expenses.end delete
13(d) Whenever a person owning or having the custody,
14management, or operation of a pressure vessel fails to pay the fees
15required under this chapter within 60 days after
notification, he or
16she shall pay, in addition to the fees required under this chapter,
17a penalty fee equal to 100 percent of the fee.
18(e) Any fees required pursuant to this section shall bebegin delete embodied begin insert in amounts sufficient to cover the direct and
19in regulations whichend delete
20indirect costs of the division for administering this part andend insert shall
21be adopted as emergency regulations. These emergency regulations
22shall not be subject to the review and approval of the Office of
23Administrative Law pursuant to the provisions of the
24Administrative Procedure Act provided for in Chapter 3.5
25(commencing with Section 11340) of Part 1 of Division 3 of Title
262 of the Government Code. These regulations shall become
27effective immediately upon filing with the Secretary of
State.
begin insertSection 7722 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertThebegin delete inspectionend delete fees collected under thisbegin delete chapterend deletebegin insert partend insert
30 shall be paid into the Pressure Vessel Account, which is hereby
31created, to be used for the administration of the division pressure
32vessel safety program.
33 The
end delete
34begin insert(b)end insertbegin insert end insertbegin insertTheend insert division shall establish criteria upon which fee charges
35are based and prepare an annual report concerning revenues
36obtained and expenditures appropriated for the pressure vessel
37safety program. The division shall file the report with the
38Legislative Analyst, the Joint Legislative Audit Committee, and
39the Department of Finance.
begin insertSection 7904 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete mayend deletebegin insert shallend insert fix and collectbegin insert allend insert feesbegin delete for necessary to cover
2the inspection of amusement rides that it deemsend delete
3thebegin delete actualend delete cost ofbegin delete having the inspection performed by a division begin insert
administering this part.
4safety engineer. The division may not charge for inspections
5performed by certified insurance inspectors or an inspector for a
6public entity, but may charge a fee of not more than ten dollars
7($10) to cover the cost of processing the permit when issued by
8the division as a result of the inspection.end delete
9Fees shall be charged to a person or entity receiving the division’s
10services as provided by this part, as set out in regulations adopted
11pursuant to this part, including, but not limited to, approvals,
12determinations, permits, investigations, inspections and
13reinspections, certifications and recertifications, receipt and review
14of certificates, and reports and inspections. In fixing the amount
15of these fees, the division may include direct costs and a reasonable
16percentage attributable to the indirect costs of the division for
17administering this part.end insert All fees collected by the division under
18this section shall be deposited into thebegin delete Elevator Safety Accountend delete
19begin insert
Occupational Safety and Health Fundend insert to support the division’s
20portable amusement ride inspection program.
21
(b) Any fees required pursuant to this section shall be set forth
22in regulations. For the 2016-17 fiscal year, those regulations shall
23be adopted as emergency regulations. These emergency regulations
24shall not be subject to the review and approval of the Office of
25Administrative Law pursuant to the rulemaking provisions of the
26Administrative Procedure Act provided for in Chapter 3.5
27(commencing with Section 11340) of Part 1 of Division 3 of Title
282 of the Government Code. These emergency regulations shall
29become effective immediately upon filing with the Secretary of
30State.
31(b)
end delete
32begin insert(c)end insert The division shall annually prepare andbegin delete submit to the begin insert post on its Internet Web siteend insert a report summarizing
33Division of Fairs and Expositions within the Department of Food
34and Agriculture,end delete
35all inspections of amusement rides and accidents occurring on
36amusement rides. Thisbegin delete annualend delete reportbegin delete shall alsoend deletebegin insert
mayend insert containbegin delete allend delete
37
route location information submitted to the division by permit
38applicants.
begin insertSection 7924 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) On an annual basis,begin delete eachend deletebegin insert anend insert owner of a permanent
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 withbegin delete the requirements ofend delete this section and all
16applicable rules and regulations adopted by the division and
17standards board.
18(b) The owner of multiple permanent amusement rides at a
19single site may submit a single certificate of compliance that
20provides the information required by subdivision (a) for each
21permanent amusement ride at that site.
22(c) A certificate of compliance shall not be required until one
23year following the promulgation of any rules or
regulations by the
24division governing the submission of the certificates.
25(d) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert operate a permanent amusement ride
26thatbegin delete has beenend deletebegin insert wasend insert inspected by a qualified safety inspector or
27division inspector and found to bebegin delete unsafe,end deletebegin insert unsafeend insert unless all
28necessary
repairs or modifications, or both, to the ride have been
29completed and certified as completed by a qualified safety
30inspector.
31(e) For the purposes of satisfying this section, a qualified safety
32inspector shall meet the requirements in subdivision (c) of Section
337921 and shall be certified by the division.begin delete Eachend deletebegin insert Aend insert qualified safety
34inspector shall be recertified every two years following his or her
35initial certification. A qualified safety inspector may be an
36in-house, full-time safety inspector of the owner of the permanent
37amusement ride, an employee or agent of the insurance underwriter
38or insurance broker of the permanent amusement ride, an employee
39or agent of the manufacturer of the amusement ride, or an
40independent consultant or contractor.
P199 1(f) The owner of a permanent amusement ride shall maintain
2all of the records necessary to demonstrate that the requirements
3of this section have been met, including, but not limited to,
4employee training records, maintenance, repair, and inspection
5records for each permanent amusement ride, and records of
6accidents of which the operator has knowledge,begin delete resultingend deletebegin insert that
7resultedend insert from the failure, malfunction, or operation of a permanent
8amusementbegin delete ride, requiringend deletebegin insert ride and that requiredend insert medical service
9other than ordinary first aid, and shall makebegin delete themend deletebegin insert
those recordsend insert
10 available to a division inspector upon request. The owner shall
11make those records available for inspection by the division during
12normal business hours at the owner’s permanent place of business.
13Thebegin delete owner,end deletebegin insert
ownerend insert or representative of thebegin delete owner,end deletebegin insert ownerend insert may be
14present when the division inspects the records.begin delete In conjunction with begin insert Theend insert division shall conduct an inspection of the operation of
15an inspection of records conducted pursuant to this subdivision,
16theend delete
17begin delete the ridesend deletebegin insert each rideend insert at the permanent amusementbegin delete park.end deletebegin insert
park in
18conjunction with an inspection of records conducted pursuant to
19this subdivision, except that the division is not required to conduct
20an operational inspection of a ride pursuant to this subdivision if
21a qualified safety inspector employed by the division has already
22inspected the operation of that ride in connection with the execution
23of the current annual certificate of compliance pursuant to
24subdivision (a). end insert
25(g) Upon receipt of a certificate of compliance, the division
26shall notify the owner of the permanent amusement ride or rides
27for which a certificate is submitted whether the certificate meets
28all the requirements of this section, and if not, what requirements
29must still be met.
30(h) The division shall, in addition to the annual inspection
31performed by the division pursuant to subdivision (f),
inspect the
32records for a permanent amusement ride or the ride, or both, under
33either of the following circumstances:
34(1) The division finds that the certificate of compliance
35submitted pursuant to this section for the ride is fraudulent.
36(2) The division determines, pursuant to regulations it has
37adopted, that a permanent amusement ride has a disproportionately
38high incidence of accidents required to be reported pursuant to
39Section 7925.
P200 1(i) The division shall conduct its inspections with the least
2disruption to the normal operation of the permanent park.
begin insertSection 7929 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
(a) The divisionbegin delete mayend deletebegin insert shallend insert fix and collect all fees
5necessary to cover the costbegin insert to the divisionend insert of administering this
6part. Fees shall be charged to a person or entity receiving the
7division’s services as provided by thisbegin delete part or byend deletebegin insert part, as set out
8inend insert regulations adopted pursuant to this part,
including, but not
9limited to, approvals, determinations, certifications and
10recertifications, receipt and review of certificates, and inspections.
11In fixing the amount of these fees, the division may includebegin insert direct
12costs andend insert a reasonable percentage attributable to thebegin delete general costend delete
13begin insert indirect costsend insert of the division for administering this part.
14Notwithstanding Section 6103 of the Government Code, the
15division may collect these fees from the state or any county, city,
16district, or other political subdivision.
17(b) begin deleteEffective June 30, 2007, all end deletebegin insertAll
end insertfees collected pursuant to
18this section shall be deposited into thebegin delete Elevator Safety Accountend delete
19begin insert
Occupational Safety and Health Fundend insert to support the Permanent
20Amusement Ride Safety Inspection Program.begin delete All moneys in the
21Permanent Amusement Ride Safety Inspection Fund as of that
22date shall be transferred to the Elevator Safety Account to be used
23for the same purpose, and any outstanding liabilities and
24encumbrances of the fund shall become liabilities and
25encumbrances payable from the Elevator Safety Account.end delete
26
(c) Whenever a person owning or having custody, management,
27or operation of a permanent amusement ride fails to pay any fee
28required under this part within 60 days after the date of notification
29by the division, the division shall assess a penalty equal to 100
30percent of the initial fee. For purposes of this section, the date of
31
the invoice fixing the fee shall be considered the date of
32notification.
begin insertSection 7991 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insertTo obtain a license under Section 7990, and to renew
35begin delete such aend deletebegin insert thatend insert license, a person shall pass an oral and written
36examination given by the division. The division shall offerbegin delete suchend delete
37begin insert theend insert examination in Spanish, or any other language, when requested
38by the applicant. The division shall administerbegin delete suchend deletebegin insert
anend insert examination
39orally when requested by an applicant who cannot write.
40begin delete Application for such license shall cost fifteen dollars ($15), which Licenses shall be renewable every five
P201 1is nonreturnable.end deletebegin delete years at begin insert years.end insert
2a fee of fifteen dollars ($15).end delete
3
(b) The division shall set a nonrefundable fee for processing
4applications for licenses required by Section 7990 and a fee for
5administering examinations under this section. In fixing the amount
6of these fees, the division may include direct costs and a reasonable
7percentage attributable to the indirect costs
of the division for
8administering this chapter. Those fees shall be deposited into the
9Occupational Safety and Health Fund.
begin insertSection 8001 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
begin deleteA end deletebegin insertThe division shall charge a end insertfee sufficient to coverbegin insert the
12direct and indirectend insert costs ofbegin insert the division to administer theend insert
13 examination and certification of gas testers and safety
14representatives for tunnels andbegin delete mines, but not more than fifteen begin insert
mines.end insert Renewals shall
15dollars ($15) for original applications and fifteen dollars ($15) for
16renewals, may be charged by the division.end delete
17be made every five years.
begin insertSection 8002 of the end insertbegin insertLabor Codeend insertbegin insert is amended to read:end insert
All fees frombegin delete suchend delete applications shall be nonrefundable.
20begin delete Suchend deletebegin insert Thoseend insert fees shall bebegin delete paidend deletebegin insert depositedend insert into thebegin delete State Treasury by begin insert Occupational Safety
and
21the division to the credit of the Generalend delete
22Healthend insert
Fund.
begin insertSection 9021.6 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
24read:end insert
begin insert(a)end insertbegin insert end insertThe divisionbegin delete mayend deletebegin insert shallend insert charge a fee to each
26asbestos consultant and site surveillance technician who applies
27for certification pursuant to subdivision (b) of Section 9021.5 and
28Article 11 (commencing with Section 7180) of Chapter 9 of
29Division 3 of the Business and Professions Code. The fee shall be
30sufficient to cover thebegin delete division’s costend deletebegin insert
direct and indirect costs to
31the divisionend insert for administering the certification process, including
32preparation and administration of the examination. The fees
33collected shall be deposited in thebegin delete Asbestos Consultant Certification begin insert Occupational Safety and Health Fund.
34Account. Establishmentend delete
35Establishmentend insert of any fee pursuant to this section shall be
36accomplished through the regulatory process required by
37subdivision (b) of Section 9021.5.
38
(b) On the effective date of the measure adding this subdivision,
39any moneys in the Asbestos Training and Consultant Certification
40Fund and any assets, liabilities, revenues, expenditures, and
P202 1
encumbrances of that fund shall be transferred to the Occupational
2Safety and Health Fund.
begin insertSection 9021.7 of the end insertbegin insertLabor Codeend insertbegin insert is repealed.end insert
(a) There is hereby created the Asbestos Training and
5Consultant Certification Fund, which shall consist of the Asbestos
6Training Approval Account and the Asbestos Consultant
7Certification Account. Moneys in the Asbestos Training Approval
8Account shall consist of the fees collected pursuant to Section
99021.9. Moneys in the Asbestos Consultant Certification Account
10shall consist of the fees collected pursuant to Section 9021.6.
11(b) Moneys in the Asbestos Training Approval Account shall
12be available, upon appropriation by the Legislature, for expenditure
13only for administering the training entity approval process provided
14for in Section 9021.9. Moneys in the Asbestos Consultant
15Certification Account shall be available, upon appropriation by
16the Legislature, only for administering the certification process
17provided for in Section 9021.6.
begin insertSection 9021.9 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
19read:end insert
(a) The division shall establish an advisory committee
21to develop and recommend by September 30, 1994, for action by
22the standards board in accordance with Section 142.3, specific
23requirements for hands-on, task-specific training programs for all
24craft employees who may be exposed to asbestos-containing
25construction materials and all employees and supervisors involved
26in operations pertaining to asbestos cement pipe, as specified in
27subdivision (c) of Section 6501.8. The training programs shall
28include, but not be limited to, the following information:
29(1) The physical characteristics and health hazards of asbestos.
30(2) The types of asbestos cement pipe or
asbestos-containing
31construction materials an employee may encounter in his or her
32specific work assignments.
33(3) Safe practices and procedures for minimizing asbestos
34exposures from operations involving asbestos cement pipe or
35asbestos-containing construction materials.
36(4) A review of general industry and construction safety orders
37relating to asbestos exposure.
38(5) Hands-on instruction using pipe or other construction
39materials and the tools and equipment employees will use in the
40workplace.
P203 1(b) The division shall approve training entities to conduct
2task-specific training programs that include the requirements
3prescribed by the standards board pursuant to this section for
4employees and supervisors involved in operations pertaining to
5asbestos cement
pipe or asbestos-containing construction materials.
6(c) The division shall charge a fee to each asbestos training
7entity approved by the division pursuant to subdivision (b). The
8fee shall be sufficient to cover the division’sbegin delete costend deletebegin insert
direct and
9indirect costsend insert for administering the approval process provided for
10in subdivision (b). The fees collected shall be deposited in the
11begin delete Asbestos Training Approval Account.end deletebegin insert Occupational Safety and
12Health Fund.end insert Establishment of any fee pursuant to this section
13shall be accomplished through the regulatory process required by
14subdivision (b) of Section 9021.5.
begin insertSection 422.92 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
16read:end insert
(a) Every state and local law enforcement agency in
18this state shall make available a brochure on hate crimes to victims
19of these crimes and the public.
20(b) The Department of Fair Employment and Housing shall
21provide existing brochures, making revisions as needed, to local
22law enforcement agencies upon request for reproduction and
23distribution to victims of hate crimes and other interested parties.
24In carrying out these responsibilities, the department shall consult
25the Fair Employment and Housing Council, the Department of
26begin delete Justiceend deletebegin insert Justice,end insert and thebegin insert
Californiaend insert Victim Compensationbegin delete and Board.
27Government Claimsend delete
begin insertSection 600.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) It is a crime for any person to permit any dog which
30is owned, harbored, or controlled by him or her to cause injury to
31or the death of any guide, signal, or service dog, as defined by
32Section 54.1 of the Civil Code, while the guide, signal, or service
33dog is in discharge of its duties.
34(b) A violation of this section is an infraction punishable by a
35fine not to exceed two hundred fifty dollars ($250) if the injury or
36death to any guide, signal, or service dog is caused by the person’s
37failure to exercise ordinary care in the control of his or her dog.
38(c) A violation of this section is a misdemeanor if the injury or
39death to any guide, signal, or service dog is caused by the person’s
40reckless
disregard in the exercise of control over his or her dog,
P204 1under circumstances that constitute such a departure from the
2conduct of a reasonable person as to be incompatible with a proper
3regard for the safety and life of any guide, signal, or service dog.
4A violation of this subdivision shall be punishable by imprisonment
5in a county jail not exceeding one year, or by a fine of not less
6than two thousand five hundred dollars ($2,500) nor more than
7five thousand dollars ($5,000), or both. The court shall consider
8the costs ordered pursuant to subdivision (d) when determining
9the amount of any fines.
10(d) In any case in which a defendant is convicted of a violation
11of this section, the defendant shall be ordered to make restitution
12to the person with a disability who has custody or ownership of
13the guide, signal, or service dog for any veterinary bills and
14replacement costs of the dog if it is disabled or killed, or other
15reasonable costs deemed
appropriate by the court. The costs
16ordered pursuant to this subdivision shall be paid prior to any fines.
17The person with the disability may apply for compensation by the
18California Victim Compensationbegin delete and Government Claimsend delete Board
19pursuant to Chapter 5 (commencing with Section 13950) of Part
204 of Division 3 of Title 2 of the Government Code, in an amount
21not to exceed ten thousand dollars ($10,000).
begin insertSection 600.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) Any person who intentionally causes injury to or
24the death of any guide, signal, or service dog, as defined by Section
2554.1 of the Civil Code, while the dog is in discharge of its duties,
26is guilty of a misdemeanor, punishable by imprisonment in a county
27jail not exceeding one year, or by a fine not exceeding ten thousand
28dollars ($10,000), or by both a fine and imprisonment. The court
29shall consider the costs ordered pursuant to subdivision (b) when
30determining the amount of any fines.
31(b) In any case in which a defendant is convicted of a violation
32of this section, the defendant shall be ordered to make restitution
33to the person with a disability who has custody or ownership of
34the dog for any veterinary bills and replacement costs of the dog
35if it is
disabled or killed, or other reasonable costs deemed
36appropriate by the court. The costs ordered pursuant to this
37subdivision shall be paid prior to any fines. The person with the
38disability may apply for compensation by the California Victim
39Compensationbegin delete and Government Claimsend delete Board pursuant to Chapter
405 (commencing with Section 13950) of Part 4 of Division 3 of
P205 1Title 2 of the Government Code, in an amount not to exceed ten
2thousand dollars ($10,000).
begin insertSection 851.8 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) In any case where a person has been arrested and
5no accusatory pleading has been filed, the person arrested may
6petition the law enforcement agency having jurisdiction over the
7offense to destroy its records of the arrest. A copy of the petition
8shall be served upon the prosecuting attorney of the county or city
9having jurisdiction over the offense. The law enforcement agency
10having jurisdiction over the offense, upon a determination that the
11person arrested is factually innocent, shall, with the concurrence
12of the prosecuting attorney, seal its arrest records, and the petition
13for relief under this section for three years from the date of the
14arrest and thereafter destroy its arrest records and the petition. The
15law enforcement agency having jurisdiction over the offense shall
16notify the Department of Justice, and any
law enforcement agency
17that arrested the petitioner or participated in the arrest of the
18petitioner for an offense for which the petitioner has been found
19factually innocent under this subdivision, of the sealing of the
20arrest records and the reason therefor. The Department of Justice
21and any law enforcement agency so notified shall forthwith seal
22their records of the arrest and the notice of sealing for three years
23from the date of the arrest, and thereafter destroy their records of
24the arrest and the notice of sealing. The law enforcement agency
25having jurisdiction over the offense and the Department of Justice
26shall request the destruction of any records of the arrest which they
27have given to any local, state, or federal agency or to any other
28person or entity. Each agency, person, or entity within the State
29of California receiving the request shall destroy its records of the
30arrest and the request, unless otherwise provided in this section.
31(b) If, after receipt by both the law enforcement agency and the
32prosecuting attorney of a petition for relief under subdivision (a),
33the law enforcement agency and prosecuting attorney do not
34respond to the petition by accepting or denying the petition within
3560 days after the running of the relevant statute of limitations or
36within 60 days after receipt of the petition in cases where the statute
37of limitations has previously lapsed, then the petition shall be
38deemed to be denied. In any case where the petition of an arrestee
39to the law enforcement agency to have an arrest record destroyed
40is denied, petition may be made to the superior court that would
P206 1have had territorial jurisdiction over the matter. A copy of the
2petition shall be served on the law enforcement agency and the
3prosecuting attorney of the county or city having jurisdiction over
4the offense at least 10 days prior to the hearing thereon. The
5prosecuting attorney and the law enforcement agency through the
6district attorney may
present evidence to the court at the hearing.
7Notwithstanding Section 1538.5 or 1539, any judicial determination
8of factual innocence made pursuant to this section may be heard
9and determined upon declarations, affidavits, police reports, or
10any other evidence submitted by the parties which is material,
11relevant, and reliable. A finding of factual innocence and an order
12for the sealing and destruction of records pursuant to this section
13shall not be made unless the court finds that no reasonable cause
14exists to believe that the arrestee committed the offense for which
15the arrest was made. In any court hearing to determine the factual
16innocence of a party, the initial burden of proof shall rest with the
17petitioner to show that no reasonable cause exists to believe that
18the arrestee committed the offense for which the arrest was made.
19If the court finds that this showing of no reasonable cause has been
20made by the petitioner, then the burden of proof shall shift to the
21respondent to show that a reasonable
cause exists to believe that
22the petitioner committed the offense for which the arrest was made.
23If the court finds the arrestee to be factually innocent of the charges
24for which the arrest was made, then the court shall order the law
25enforcement agency having jurisdiction over the offense, the
26Department of Justice, and any law enforcement agency which
27arrested the petitioner or participated in the arrest of the petitioner
28for an offense for which the petitioner has been found factually
29innocent under this section to seal their records of the arrest and
30the court order to seal and destroy the records, for three years from
31the date of the arrest and thereafter to destroy their records of the
32arrest and the court order to seal and destroy those records. The
33court shall also order the law enforcement agency having
34jurisdiction over the offense and the Department of Justice to
35request the destruction of any records of the arrest which they have
36given to any local, state, or federal agency, person or entity.
Each
37state or local agency, person or entity within the State of California
38receiving such a request shall destroy its records of the arrest and
39the request to destroy the records, unless otherwise provided in
P206 1this section. The court shall give to the petitioner a copy of any
2court order concerning the destruction of the arrest records.
3(c) In any case where a person has been arrested, and an
4accusatory pleading has been filed, but where no conviction has
5occurred, the defendant may, at any time after dismissal of the
6action, petition the court that dismissed the action for a finding
7that the defendant is factually innocent of the charges for which
8the arrest was made. A copy of the petition shall be served on the
9prosecuting attorney of the county or city in which the accusatory
10pleading was filed at least 10 days prior to the hearing on the
11petitioner’s factual innocence. The prosecuting attorney may
12present evidence to the court at the
hearing. The hearing shall be
13conducted as provided in subdivision (b). If the court finds the
14petitioner to be factually innocent of the charges for which the
15arrest was made, then the court shall grant the relief as provided
16in subdivision (b).
17(d) In any case where a person has been arrested and an
18accusatory pleading has been filed, but where no conviction has
19occurred, the court may, with the concurrence of the prosecuting
20attorney, grant the relief provided in subdivision (b) at the time of
21the dismissal of the accusatory pleading.
22(e) Whenever any person is acquitted of a charge and it appears
23to the judge presiding at the trial at which the acquittal occurred
24that the defendant was factually innocent of the charge, the judge
25may grant the relief provided in subdivision (b).
26(f) In any case where a person who
has been arrested is granted
27relief pursuant to subdivision (a) or (b), the law enforcement agency
28having jurisdiction over the offense or court shall issue a written
29declaration to the arrestee stating that it is the determination of the
30law enforcement agency having jurisdiction over the offense or
31court that the arrestee is factually innocent of the charges for which
32the person was arrested and that the arrestee is thereby exonerated.
33Thereafter, the arrest shall be deemed not to have occurred and
34the person may answer accordingly any question relating to its
35occurrence.
36(g) The Department of Justice shall furnish forms to be utilized
37by persons applying for the destruction of their arrest records and
38for the written declaration that one person was found factually
39innocent under subdivisions (a) and (b).
P208 1(h) Documentation of arrest records destroyed pursuant to
2subdivision (a),
(b), (c), (d), or (e) that are contained in
3investigative police reports shall bear the notation “Exonerated”
4whenever reference is made to the arrestee. The arrestee shall be
5notified in writing by the law enforcement agency having
6jurisdiction over the offense of the sealing and destruction of the
7arrest records pursuant to this section.
8(i) (1) Any finding that an arrestee is factually innocent pursuant
9to subdivision (a), (b), (c), (d), or (e) shall not be admissible as
10evidence in any action.
11(2) Notwithstanding paragraph (1), a finding that an arrestee is
12factually innocent pursuant to subdivisions (a) to (e), inclusive,
13shall be admissible as evidence at a hearing before the California
14Victim Compensationbegin delete and Government
Claimsend delete
15(j) Destruction of records of arrest pursuant to subdivision (a),
16(b), (c), (d), or (e) shall be accomplished by permanent obliteration
17of all entries or notations upon the records pertaining to the arrest,
18and the record shall be prepared again so that it appears that the
19arrest never occurred. However, where (1) the only entries on the
20record pertain to the arrest and (2) the record can be destroyed
21without necessarily affecting the destruction of other records, then
22the document constituting the record shall be physically destroyed.
23(k) No records shall be destroyed pursuant to subdivision (a),
24(b), (c), (d), or (e) if the arrestee or a codefendant has filed a civil
25action against the peace officers or law enforcement jurisdiction
26which made the arrest or instituted the prosecution and if the
27agency which is the custodian of the records has received a
certified
28copy of the complaint in the civil action, until the civil action has
29been resolved. Any records sealed pursuant to this section by the
30court in the civil actions, upon a showing of good cause, may be
31opened and submitted into evidence. The records shall be
32confidential and shall be available for inspection only by the court,
33jury, parties, counsel for the parties, and any other person
34authorized by the court. Immediately following the final resolution
35of the civil action, records subject to subdivision (a), (b), (c), (d),
36or (e) shall be sealed and destroyed pursuant to subdivision (a),
37(b), (c), (d), or (e).
38(l) For arrests occurring on or after January 1, 1981, and for
39accusatory pleadings filed on or after January 1, 1981, petitions
40for relief under this section may be filed up to two years from the
P209 1date of the arrest or filing of the accusatory pleading, whichever
2is later. Until January 1, 1983, petitioners can file for relief
under
3this section for arrests which occurred or accusatory pleadings
4which were filed up to five years prior to the effective date of the
5statute. Any time restrictions on filing for relief under this section
6may be waived upon a showing of good cause by the petitioner
7and in the absence of prejudice.
8(m) Any relief which is available to a petitioner under this
9section for an arrest shall also be available for an arrest which has
10been deemed to be or described as a detention under Section 849.5
11or 851.6.
12(n) This section shall not apply to any offense which is classified
13as an infraction.
14(o) (1) This section shall be repealed on the effective date of a
15final judgment based on a claim under the California or United
16States Constitution holding that evidence that is relevant, reliable,
17and
material may not be considered for purposes of a judicial
18determination of factual innocence under this section. For purposes
19of this subdivision, a judgment by the appellate division of a
20superior court is a final judgment if it is published and if it is not
21reviewed on appeal by a court of appeal. A judgment of a court of
22appeal is a final judgment if it is published and if it is not reviewed
23by the California Supreme Court.
24(2) Any decision referred to in this subdivision shall be stayed
25pending appeal.
26(3) If not otherwise appealed by a party to the action, any
27decision referred to in this subdivision which is a judgment by the
28appellate division of the superior court shall be appealed by the
29Attorney General.
30(p) A judgment of the court under subdivision (b), (c), (d), or
31(e) is subject to the following appeal
path:
32(1) In a felony case, appeal is to the court of appeal.
33(2) In a misdemeanor case, or in a case in which no accusatory
34pleading was filed, appeal is to the appellate division of the superior
35court.
begin insertSection 851.865 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
37read:end insert
(a) If a person has secured a declaration of factual
39innocence from the court pursuant to Section 851.8 or 851.86, the
40finding shall be sufficient grounds for payment of compensation
P210 1for a claim made pursuant to Section 4900. Upon application by
2the person, the California Victim Compensationbegin delete and Government Board shall, without a hearing, recommend to the
3Claimsend delete
4Legislature that an appropriation be made and the claim paid
5pursuant to Section 4904.
6(b) If the declaration of factual innocence is granted pursuant
7to a stipulation of the prosecutor, the duty of the board to, without
8a hearing, recommend to the Legislature payment of the claim,
9shall
apply.
begin insertSection 987.9 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) In the trial of a capital case or a case under
12subdivision (a) of Section 190.05, the indigent defendant, through
13the defendant’s counsel, may request the court for funds for the
14specific payment of investigators, experts, and others for the
15preparation or presentation of the defense. The application for
16funds shall be by affidavit and shall specify that the funds are
17reasonably necessary for the preparation or presentation of the
18defense. The fact that an application has been made shall be
19confidential and the contents of the application shall be
20confidential. Upon receipt of an application, a judge of the court,
21other than the trial judge presiding over the case in question, shall
22rule on the reasonableness of the request and shall disburse an
23appropriate amount of money to the
defendant’s attorney. The
24ruling on the reasonableness of the request shall be made at an in
25camera hearing. In making the ruling, the court shall be guided by
26the need to provide a complete and full defense for the defendant.
27(b) (1) The Controller shall not reimburse any county for costs
28that exceedbegin delete California Victim Compensation and Government begin insert Department of General Services’end insert standards for travel
29Claims Boardend delete
30and per diem expenses. The Controller may reimburse
31extraordinary costs in unusual cases if the county provides
32sufficient documentation of the need for those expenditures.
33(2) At the termination of the proceedings, the attorney shall
34furnish to the court a
complete accounting of all moneys received
35and disbursed pursuant to this section.
36(c) The Controller shall adopt regulations pursuant to Chapter
373.5 (commencing with Section 11340) of Part 1 of Division 3 of
38Title 2 of the Government Code, controlling reimbursements under
39this section. The regulations shall consider compensation for
40investigators, expert witnesses, and other expenses that may or
P211 1may not be reimbursable pursuant to this section. Notwithstanding
2the provisions of Chapter 3.5 (commencing with Section 11340)
3of Part 1 of Division 3 of Title 2 of the Government Code, the
4Controller shall follow any regulations adopted until final approval
5by the Office of Administrative Law.
6(d) The confidentiality provided in this section shall not preclude
7any court from providing the Attorney General with access to
8documents protected by this section when the defendant raises an
9
issue on appeal or collateral review where the recorded portion of
10the record, created pursuant to this section, relates to the issue
11raised. When the defendant raises that issue, the funding records,
12or relevant portions thereof, shall be provided to the Attorney
13General at the Attorney General’s request. In this case, the
14documents shall remain under seal and their use shall be limited
15solely to the pending proceeding.
begin insertSection 1191.15 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
17read:end insert
(a) The court may permit the victim of any crime,
19his or her parent or guardian if the victim is a minor, or the next
20of kin of the victim if the victim has died, to file with the court a
21written, audiotaped, or videotaped statement, or statement stored
22on a CD-ROM, DVD, or any other recording medium acceptable
23to the court, expressing his or her views concerning the crime, the
24person responsible, and the need for restitution, in lieu of or in
25addition to the person personally appearing at the time of judgment
26and sentence. The court shall consider the statement filed with the
27court prior to imposing judgment and sentence.
28Whenever an audio or video statement or statement stored on a
29CD-ROM, DVD, or other medium is filed with the court, a written
30transcript of the statement shall
also be provided by the person
31filing the statement, and shall be made available as a public record
32of the court after the judgment and sentence have been imposed.
33(b) Whenever a written, audio, or video statement or statement
34stored on a CD-ROM, DVD, or other medium is filed with the
35court, it shall remain sealed until the time set for imposition of
36judgment and sentence except that the court, the probation officer,
37and counsel for the parties may view and listen to the statement
38not more than two court days prior to the date set for imposition
39of judgment and sentence.
P212 1(c) A person or a court shall not permit any person to duplicate,
2copy, or reproduce by audio or visual means a statement submitted
3to the court under the provisions of this section.
4(d) Nothing in this section shall be construed to prohibit the
5
prosecutor from representing to the court the views of the victim,
6his or her parent or guardian, the next of kin, or the California
7Victim Compensationbegin delete and Government Claimsend delete
Board.
8(e) In the event the court permits an audio or video statement
9or statement stored on a CD-ROM, DVD, or other medium to be
10filed, the court shall not be responsible for providing any equipment
11or resources needed to assist the victim in preparing the statement.
begin insertSection 1191.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
13read:end insert
In providing notice to the victim pursuant to Section
151191.1, the probation officer shall also provide the victim with
16information concerning the victim’s right to civil recovery against
17the defendant, the requirement that the court order restitution for
18the victim, the victim’s right to receive a copy of the restitution
19order from the court and to enforce the restitution order as a civil
20judgment, the victim’s responsibility to furnish the probation
21department, district attorney, and court with information relevant
22to his or her losses, and the victim’s opportunity to be compensated
23from the Restitution Fund if eligible under Article 1 (commencing
24with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title
252 of the Government Code. This information shall be in the form
26of written material prepared
by the Judicial Council in consultation
27with the California Victim Compensationbegin delete and Government Claimsend delete
28 Board, shall include the relevant sections of the Penal Code, and
29shall be provided to each victim for whom the probation officer
30has a current mailing address.
begin insertSection 1202.4 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
32read:end insert
(a) (1) It is the intent of the Legislature that a victim
34of crime who incurs an economic loss as a result of the commission
35of a crime shall receive restitution directly from a defendant
36convicted of that crime.
37(2) Upon a person being convicted of a crime in the State of
38California, the court shall order the defendant to pay a fine in the
39form of a penalty assessment in accordance with Section 1464.
P213 1(3) The court, in addition to any other penalty provided or
2imposed under the law, shall order the defendant to pay both of
3the following:
4(A) A restitution fine in accordance with subdivision (b).
5(B) Restitution to the victim or victims, if any, in accordance
6with subdivision (f), which shall be enforceable as if the order
7were a civil judgment.
8(b) In every case where a person is convicted of a crime, the
9court shall impose a separate and additional restitution fine, unless
10it finds compelling and extraordinary reasons for not doing so and
11states those reasons on the record.
12(1) The restitution fine shall be set at the discretion of the court
13and commensurate with the seriousness of the offense. If the person
14is convicted of a felony, the fine shall not be less than two hundred
15forty dollars ($240) starting on January 1, 2012, two hundred eighty
16dollars ($280) starting on January 1, 2013, and three hundred
17dollars ($300) starting on January 1, 2014, and not more than ten
18thousand dollars ($10,000). If the
person is convicted of a
19misdemeanor, the fine shall not be less than one hundred twenty
20dollars ($120) starting on January 1, 2012, one hundred forty
21dollars ($140) starting on January 1, 2013, and one hundred fifty
22dollars ($150) starting on January 1, 2014, and not more than one
23thousand dollars ($1,000).
24(2) In setting a felony restitution fine, the court may determine
25the amount of the fine as the product of the minimum fine pursuant
26to paragraph (1) multiplied by the number of years of imprisonment
27the defendant is ordered to serve, multiplied by the number of
28felony counts of which the defendant is convicted.
29(c) The court shall impose the restitution fine unless it finds
30compelling and extraordinary reasons for not doing so and states
31those reasons on the record. A defendant’s inability to pay shall
32not be considered a compelling and extraordinary reason not to
33impose a
restitution fine. Inability to pay may be considered only
34in increasing the amount of the restitution fine in excess of the
35minimum fine pursuant to paragraph (1) of subdivision (b). The
36court may specify that funds confiscated at the time of the
37defendant’s arrest, except for funds confiscated pursuant to Section
3811469 of the Health and Safety Code, be applied to the restitution
39fine if the funds are not exempt for spousal or child support or
40subject to any other legal exemption.
P214 1(d) In setting the amount of the fine pursuant to subdivision (b)
2in excess of the minimum fine pursuant to paragraph (1) of
3subdivision (b), the court shall consider any relevant factors,
4including, but not limited to, the defendant’s inability to pay, the
5seriousness and gravity of the offense and the circumstances of its
6commission, any economic gain derived by the defendant as a
7result of the crime, the extent to which any other person suffered
8losses as a result
of the crime, and the number of victims involved
9in the crime. Those losses may include pecuniary losses to the
10victim or his or her dependents as well as intangible losses, such
11as psychological harm caused by the crime. Consideration of a
12defendant’s inability to pay may include his or her future earning
13capacity. A defendant shall bear the burden of demonstrating his
14or her inability to pay. Express findings by the court as to the
15factors bearing on the amount of the fine shall not be required. A
16separate hearing for the fine shall not be required.
17(e) The restitution fine shall not be subject to penalty
18assessments authorized in Section 1464 or Chapter 12
19(commencing with Section 76000) of Title 8 of the Government
20Code, or the state surcharge authorized in Section 1465.7, and
21shall be deposited in the Restitution Fund in the State Treasury.
22(f) Except as provided in
subdivisions (q) and (r), in every case
23in which a victim has suffered economic loss as a result of the
24defendant’s conduct, the court shall require that the defendant
25make restitution to the victim or victims in an amount established
26by court order, based on the amount of loss claimed by the victim
27or victims or any other showing to the court. If the amount of loss
28cannot be ascertained at the time of sentencing, the restitution
29order shall include a provision that the amount shall be determined
30at the direction of the court. The court shall order full restitution
31unless it finds compelling and extraordinary reasons for not doing
32so and states them on the record. The court may specify that funds
33confiscated at the time of the defendant’s arrest, except for funds
34confiscated pursuant to Section 11469 of the Health and Safety
35Code, be applied to the restitution order if the funds are not exempt
36for spousal or child support or subject to any other legal exemption.
37(1) The defendant has the right to a hearing before a judge to
38dispute the determination of the amount of restitution. The court
39may modify the amount, on its own motion or on the motion of
40the district attorney, the victim or victims, or the defendant. If a
P215 1motion is made for modification of a restitution order, the victim
2shall be notified of that motion at least 10 days prior to the
3proceeding held to decide the motion. A victim at a restitution
4hearing or modification hearing described in this paragraph may
5testify by live, two-way audio and video transmission, if testimony
6by live, two-way audio and video transmission is available at the
7court.
8(2) Determination of the amount of restitution ordered pursuant
9to this subdivision shall not be affected by the indemnification or
10subrogation rights of a third party. Restitution ordered pursuant to
11this subdivision shall be ordered to be
deposited to the Restitution
12Fund to the extent that the victim, as defined in subdivision (k),
13has received assistance from the California Victim Compensation
14begin delete and Government Claimsend delete Board pursuant to Chapter 5 (commencing
15with Section 13950) of Part 4 of Division 3 of Title 2 of the
16Government Code.
17(3) To the extent possible, the restitution order shall be prepared
18by the sentencing court, shall identify each victim and each loss
19to which it pertains, and shall be of a dollar amount that is sufficient
20to fully reimburse the victim or victims for every determined
21economic loss incurred as the result of the defendant’s criminal
22conduct, including, but not limited to, all of the following:
23(A) Full or partial payment for the value of stolen or damaged
24property. The value of stolen or damaged property
shall be the
25replacement cost of like property, or the actual cost of repairing
26the property when repair is possible.
27(B) Medical expenses.
28(C) Mental health counseling expenses.
29(D) Wages or profits lost due to injury incurred by the victim,
30and if the victim is a minor, wages or profits lost by the minor’s
31parent, parents, guardian, or guardians, while caring for the injured
32minor. Lost wages shall include commission income as well as
33base wages. Commission income shall be established by evidence
34of commission income during the 12-month period prior to the
35date of the crime for which restitution is being ordered, unless
36good cause for a shorter time period is shown.
37(E) Wages or profits lost by the victim, and if the victim is a
38minor, wages or
profits lost by the minor’s parent, parents,
39guardian, or guardians, due to time spent as a witness or in assisting
40the police or prosecution. Lost wages shall include commission
P216 1income as well as base wages. Commission income shall be
2established by evidence of commission income during the
312-month period prior to the date of the crime for which restitution
4is being ordered, unless good cause for a shorter time period is
5shown.
6(F) Noneconomic losses, including, but not limited to,
7psychological harm, for felony violations of Section 288.
8(G) Interest, at the rate of 10 percent per annum, that accrues
9as of the date of sentencing or loss, as determined by the court.
10(H) Actual and reasonable attorney’s fees and other costs of
11collection accrued by a private entity on behalf of the victim.
12(I) Expenses incurred by an adult victim in relocating away
13from the defendant, including, but not limited to, deposits for
14utilities and telephone service, deposits for rental housing,
15temporary lodging and food expenses, clothing, and personal items.
16Expenses incurred pursuant to this section shall be verified by law
17enforcement to be necessary for the personal safety of the victim
18or by a mental health treatment provider to be necessary for the
19emotional well-being of the victim.
20(J) Expenses to install or increase residential security incurred
21related to a violent felony, as defined in subdivision (c) of Section
22667.5, including, but not limited to, a home security device or
23system, or replacing or increasing the number of locks.
24(K) Expenses to retrofit a residence or vehicle, or both, to make
25the residence
accessible to or the vehicle operational by the victim,
26if the victim is permanently disabled, whether the disability is
27partial or total, as a direct result of the crime.
28(L) Expenses for a period of time reasonably necessary to make
29the victim whole, for the costs to monitor the credit report of, and
30for the costs to repair the credit of, a victim of identity theft, as
31defined in Section 530.5.
32(4) (A) If, as a result of the defendant’s conduct, the Restitution
33Fund has provided assistance to or on behalf of a victim or
34derivative victim pursuant to Chapter 5 (commencing with Section
3513950) of Part 4 of Division 3 of Title 2 of the Government Code,
36the amount of assistance provided shall be presumed to be a direct
37result of the defendant’s criminal conduct and shall be included
38in the amount of the restitution ordered.
39(B) The amount of assistance provided by the Restitution Fund
40shall be established by copies of bills submitted to the California
P217 1Victim Compensationbegin delete and Government Claimsend delete Board reflecting
2the amount paid by the board and whether the services for which
3payment was made were for medical or dental expenses, funeral
4or burial expenses, mental health counseling, wage or support
5losses, or rehabilitation. Certified copies of these bills provided
6by the board and redacted to protect the privacy and safety of the
7victim or any legal privilege, together with a statement made under
8penalty of perjury by the custodian of records that those bills were
9submitted to and were paid by the board, shall be sufficient to meet
10this requirement.
11(C) If the defendant offers evidence to rebut the presumption
12established by
this paragraph, the court may release additional
13information contained in the records of the board to the defendant
14only after reviewing that information in camera and finding that
15the information is necessary for the defendant to dispute the amount
16of the restitution order.
17(5) Except as provided in paragraph (6), in any case in which
18an order may be entered pursuant to this subdivision, the defendant
19shall prepare and file a disclosure identifying all assets, income,
20and liabilities in which the defendant held or controlled a present
21or future interest as of the date of the defendant’s arrest for the
22crime for which restitution may be ordered. The financial disclosure
23statements shall be made available to the victim and the board
24pursuant to Section 1214. The disclosure shall be signed by the
25defendant upon a form approved or adopted by the Judicial Council
26for the purpose of facilitating the disclosure. A defendant who
27willfully states as
true a material matter that he or she knows to
28be false on the disclosure required by this subdivision is guilty of
29a misdemeanor, unless this conduct is punishable as perjury or
30another provision of law provides for a greater penalty.
31(6) A defendant who fails to file the financial disclosure required
32in paragraph (5), but who has filed a financial affidavit or financial
33information pursuant to subdivision (c) of Section 987, shall be
34deemed to have waived the confidentiality of that affidavit or
35financial information as to a victim in whose favor the order of
36restitution is entered pursuant to subdivision (f). The affidavit or
37information shall serve in lieu of the financial disclosure required
38in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
39apply.
P218 1(7) Except as provided in paragraph (6), the defendant shall file
2the disclosure with the clerk of the court no
later than the date set
3for the defendant’s sentencing, unless otherwise directed by the
4court. The disclosure may be inspected or copied as provided by
5subdivision (b), (c), or (d) of Section 1203.05.
6(8) In its discretion, the court may relieve the defendant of the
7duty under paragraph (7) of filing with the clerk by requiring that
8the defendant’s disclosure be submitted as an attachment to, and
9be available to, those authorized to receive the following:
10(A) A report submitted pursuant to subparagraph (C) of
11paragraph (2) of subdivision (b) of Section 1203 or subdivision
12(g) of Section 1203.
13(B) A stipulation submitted pursuant to paragraph (4) of
14subdivision (b) of Section 1203.
15(C) A report by the probation officer, or information submitted
16by the
defendant applying for a conditional sentence pursuant to
17subdivision (d) of Section 1203.
18(9) The court may consider a defendant’s unreasonable failure
19to make a complete disclosure pursuant to paragraph (5) as any of
20the following:
21(A) A circumstance in aggravation of the crime in imposing a
22term under subdivision (b) of Section 1170.
23(B) A factor indicating that the interests of justice would not be
24served by admitting the defendant to probation under Section 1203.
25(C) A factor indicating that the interests of justice would not be
26served by conditionally sentencing the defendant under Section
271203.
28(D) A factor indicating that the interests of justice would not
29be served by imposing
less than the maximum fine and sentence
30fixed by law for the case.
31(10) A defendant’s failure or refusal to make the required
32disclosure pursuant to paragraph (5) shall not delay entry of an
33 order of restitution or pronouncement of sentence. In appropriate
34cases, the court may do any of the following:
35(A) Require the defendant to be examined by the district attorney
36pursuant to subdivision (h).
37(B) If sentencing the defendant under Section 1170, provide
38that the victim shall receive a copy of the portion of the probation
39report filed pursuant to Section 1203.10 concerning the defendant’s
40employment, occupation, finances, and liabilities.
P219 1(C) If sentencing the defendant under Section 1203, set a date
2and place for submission of the disclosure required by
paragraph
3(5) as a condition of probation or suspended sentence.
4(11) If a defendant has any remaining unpaid balance on a
5restitution order or fine 120 days prior to his or her scheduled
6release from probation or 120 days prior to his or her completion
7of a conditional sentence, the defendant shall prepare and file a
8new and updated financial disclosure identifying all assets, income,
9and liabilities in which the defendant holds or controls or has held
10or controlled a present or future interest during the defendant’s
11period of probation or conditional sentence. The financial
12disclosure shall be made available to the victim and the board
13pursuant to Section 1214. The disclosure shall be signed and
14prepared by the defendant on the same form as described in
15paragraph (5). A defendant who willfully states as true a material
16matter that he or she knows to be false on the disclosure required
17by this subdivision is guilty of a misdemeanor, unless
this conduct
18is punishable as perjury or another provision of law provides for
19a greater penalty. The financial disclosure required by this
20paragraph shall be filed with the clerk of the court no later than
2190 days prior to the defendant’s scheduled release from probation
22or completion of the defendant’s conditional sentence.
23(12) In cases where an employer is convicted of a crime against
24an employee, a payment to the employee or the employee’s
25dependent that is made by the employer’s workers’ compensation
26insurance carrier shall not be used to offset the amount of the
27restitution order unless the court finds that the defendant
28substantially met the obligation to pay premiums for that insurance
29coverage.
30(g) The court shall order full restitution unless it finds
31compelling and extraordinary reasons for not doing so and states
32those reasons on the record. A defendant’s inability to
pay shall
33not be considered a compelling and extraordinary reason not to
34impose a restitution order, nor shall inability to pay be a
35consideration in determining the amount of a restitution order.
36(h) The district attorney may request an order of examination
37pursuant to the procedures specified in Article 2 (commencing
38with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part
392 of the Code of Civil Procedure, in order to determine the
P220 1defendant’s financial assets for purposes of collecting on the
2restitution order.
3(i) A restitution order imposed pursuant to subdivision (f) shall
4be enforceable as if the order were a civil judgment.
5(j) The making of a restitution order pursuant to subdivision (f)
6shall not affect the right of a victim to recovery from the Restitution
7Fund as otherwise provided by law,
except to the extent that
8restitution is actually collected pursuant to the order. Restitution
9collected pursuant to this subdivision shall be credited to any other
10judgments for the same losses obtained against the defendant
11arising out of the crime for which the defendant was convicted.
12(k) For purposes of this section, “victim” shall include all of
13the following:
14(1) The immediate surviving family of the actual victim.
15(2) A corporation, business trust, estate, trust, partnership,
16association, joint venture, government, governmental subdivision,
17agency, or instrumentality, or any other legal or commercial entity
18when that entity is a direct victim of a crime.
19(3) A person who has sustained economic loss as the result of
20a crime and who satisfies any
of the following conditions:
21(A) At the time of the crime was the parent, grandparent, sibling,
22spouse, child, or grandchild of the victim.
23(B) At the time of the crime was living in the household of the
24victim.
25(C) At the time of the crime was a person who had previously
26lived in the household of the victim for a period of not less than
27two years in a relationship substantially similar to a relationship
28listed in subparagraph (A).
29(D) Is another family member of the victim, including, but not
30limited to, the victim’s fiancé or fiancée, and who witnessed the
31crime.
32(E) Is the primary caretaker of a minor victim.
33(4) A person
who is eligible to receive assistance from the
34Restitution Fund pursuant to Chapter 5 (commencing with Section
3513950) of Part 4 of Division 3 of Title 2 of the Government Code.
36(5) A governmental entity that is responsible for repairing,
37replacing, or restoring public or privately owned property that has
38been defaced with graffiti or other inscribed material, as defined
39in subdivision (e) of Section 594, and that has sustained an
P221 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
28Compensationbegin delete and Government Claimsend delete Board within 90 days of
29an order of restitution being imposed if the defendant is ordered
30to pay restitution to the board due to the victim receiving
31compensation from the Restitution Fund. Notification shall be
32accomplished by mailing a copy of the court order to the board,
33which may be done periodically by bulk mail 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
P222 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
26
nonconforming 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.
begin insertSection 1202.41 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
39read:end insert
(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
5Compensationbegin delete and Government Claimsend delete Board, may collaborate
6with a court in any county to arrange for a hearing to impose or
7amend a restitution order, if the victim has received assistance
8pursuant to Article 5 (commencing with Section 13959) of Chapter
95 of Part 4 of Division 3 of Title 2 of the Government Code, to be
10conducted by two-way electronic audiovideo communication
11between the defendant and the courtroom in lieu of the defendant’s
12physical
presence in the courtroom, provided the county has agreed
13to make the 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
34Compensationbegin delete and Government Claimsend delete Board shall determine if
35the cost of holding the hearing is justified. If the board determines
36that the cost of holding the hearing is not justified, the amendment
37of the restitution order affecting that inmate or ward shall not be
38pursued at that time.
39(c) Nothing in this section shall be construed to prohibit an
40individual or district attorney’s office
from independently pursuing
P224 1the imposition or amendment of a restitution order that may result
2in a hearing, regardless of whether the victim has received
3assistance pursuant to Article 1 (commencing with Section 13959)
4of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government
5Code.
begin insertSection 1214 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) If the judgment is for a fine, including a restitution
8fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
9Section 1203.04 as operative on or before August 2, 1995, or
10Section 13967 of the Government Code, as operative on or before
11September 28, 1994, with or without imprisonment, or a diversion
12restitution fee ordered pursuant to Section 1001.90, the judgment
13may be enforced in the manner provided for the enforcement of
14money judgments generally. Any portion of a restitution fine or
15restitution fee that remains unsatisfied after a defendant is no longer
16on probation, parole, postrelease community supervision pursuant
17to Section 3451, or mandatory supervision pursuant to
18subparagraph (B) of paragraph (5) of subdivision (h) of Section
191170, after a term in custody pursuant to subparagraph (A) of
20paragraph (5)
of subdivision (h) of Section 1170, or after
21completing diversion is enforceable by the California Victim
22Compensationbegin delete and Government Claimsend delete Board pursuant to this
23section. Notwithstanding any other provision of law prohibiting
24disclosure, the state, as defined in Section 900.6 of the Government
25Code, a local public entity, as defined in Section 900.4 of the
26Government Code, or any other entity, may provide the California
27Victim Compensationbegin delete and Government Claimsend delete Board any and all
28information to assist in the collection of unpaid portions of a
29restitution fine for terminated probation or parole cases, or of a
30restitution fee for completed diversion cases. For purposes of the
31preceding sentence, “state, as defined in Section 900.6 of the
32Government Code,” and “any other entity” shall not include the
33Franchise Tax Board. A local collection
program may continue to
34collect restitution fines and restitution orders once a defendant is
35no longer on probation, postrelease community supervision, or
36mandatory supervision or after a term in custody pursuant to
37subparagraph (A) of paragraph (5) of subdivision (h) of Section
381170.
39(b) In any case in which a defendant is ordered to pay restitution,
40the order to pay restitution (1) is deemed a money judgment if the
P225 1defendant was informed of his or her right to have a judicial
2determination of the amount and was provided with a hearing,
3waived a hearing, or stipulated to the amount of the restitution
4ordered, and (2) shall be fully enforceable by a victim as if the
5restitution order were a civil judgment, and enforceable in the same
6manner as is provided for the enforcement of any other money
7judgment. Upon the victim’s request, the court shall provide the
8victim in whose favor the order of restitution is entered with a
9certified copy of that
order and a copy of the defendant’s disclosure
10pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
11affidavit or information pursuant to paragraph (6) of subdivision
12(f) of Section 1202.4, or report pursuant to paragraph (8) of
13subdivision (f) of Section 1202.4. The court also shall provide this
14information to the district attorney upon request in connection with
15an investigation or prosecution involving perjury or the veracity
16of the information contained within the defendant’s financial
17disclosure. In addition, upon request, the court shall provide the
18California Victim Compensationbegin delete and Government Claimsend delete Board
19with a certified copy of any order imposing a restitution fine or
20order and a copy of the defendant’s disclosure pursuant to
21paragraph (5) of subdivision (f) of Section 1202.4, affidavit or
22information pursuant to paragraph (6) of subdivision (f) of Section
231202.4, or report pursuant to paragraph (8) of
subdivision (f) of
24Section 1202.4. A victim shall have access to all resources available
25under the law to enforce the restitution order, including, but not
26limited to, access to the defendant’s financial records, use of wage
27garnishment and lien procedures, information regarding the
28defendant’s assets, and the ability to apply for restitution from any
29fund established for the purpose of compensating victims in civil
30cases. Any portion of a restitution order that remains unsatisfied
31after a defendant is no longer on probation, parole, postrelease
32community supervision under Section 3451, or mandatory
33supervision imposed pursuant to subparagraph (B) of paragraph
34(5) of subdivision (h) of Section 1170 or after a term in custody
35pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
36of Section 1170 is enforceable by the victim pursuant to this
37section. Victims and the California Victim Compensationbegin delete and
Board shall inform the court whenever an
38Government Claimsend delete
39order to pay restitution is satisfied. A local collection program may
40continue to enforce victim restitution orders once a defendant is
P225 1no longer on probation, postrelease community supervision, or
2mandatory supervision or after completion of a term in custody
3pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
4of Section 1170.
5(c) A defendant who owes a restitution fine, a restitution order,
6or any portion thereof, and who is released from the custody of a
7county jail facility after a term in custody pursuant to subparagraph
8(A) of paragraph (5) of subdivision (h) of Section 1170 shall have
9a continuing obligation to pay the restitution fine or restitution
10order in full.
11(d) Except as provided in subdivision (d), and notwithstanding
12the amount in controversy limitation of Section 85 of the Code of
13Civil
Procedure, a restitution order or restitution fine that was
14imposed pursuant to Section 1202.4 in any of the following cases
15may be enforced in the same manner as a money judgment in a
16limited civil case:
17(1) In a misdemeanor case.
18(2) In a case involving violation of a city or town ordinance.
19(3) In a noncapital criminal case where the court has received
20a plea of guilty or nolo contendere.
21(e) Chapter 3 (commencing with Section 683.010) of Division
221 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply
23to any of the following:
24(1) A judgment for court-ordered fines, forfeitures, penalties,
25fees, or assessments.
26(2) A restitution fine or restitution order imposed pursuant to
27Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as
28operative on or before August 2, 1995, or Section 13967 of the
29Government Code, as operative on or before September 28, 1994.
30(3) A diversion restitution fee ordered pursuant to Section
311001.90.
begin insertSection 1463.02 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
33read:end insert
(a) On or before June 30, 2011, the Judicial Council
35shall establish a task force to evaluate criminal and traffic-related
36court-ordered debts imposed against adult and juvenile offenders.
37The task force shall be comprised of the following members:
38(1) Two members appointed by the California State Association
39of Counties.
40(2) Two members appointed by the League of California Cities.
P227 1(3) Two court executives, two judges, and two Administrative
2Office of the Courts employees appointed by the Judicial Council.
3(4) One member appointed by the Controller.
4(5) One member appointed by the Franchise Tax Board.
5(6) One member appointed by the California Victim
6Compensationbegin delete and Government Claimsend delete
Board.
7(7) One member appointed by the Department of Corrections
8and Rehabilitation.
9(8) One member appointed by the Department of Finance.
10(9) One member appointed by each house of the Legislature.
11(10) A county public defender and a city attorney appointed by
12the Speaker of the Assembly.
13(11) A defense attorney in private practice and a district attorney
14appointed by the Senate Committee on Rules.
15(b) The Judicial Council shall designate a chairperson for the
16task force. The task force shall, among other duties, do all of the
17following:
18(1) Identify all criminal and traffic-related court-ordered fees,
19fines, forfeitures, penalties, and assessments imposed under law.
20(2) Identify the distribution of revenue derived from those debts
21and the expenditures made by those entities that benefit from the
22revenues.
23(3) Consult with state and local entities that would be affected
24by a simplification and consolidation of criminal and traffic-related
25court-ordered debts.
26(4) Evaluate and make recommendations to the Judicial Council
27and the Legislature for consolidating and simplifying the imposition
28of criminal and traffic-related court-ordered debts and the
29distribution of the revenue derived from those debts with the goal
30of improving the process for those entities that benefit from the
31revenues, and recommendations, if any, for adjustment to the
32
court-ordered debts.
33(c) The task force also shall document recent annual revenues
34from the various penalty assessments and surcharges and, to the
35extent feasible, evaluate the extent to which the amount of each
36penalty assessment and surcharge impacts total annual revenues,
37imposition of criminal sentences, and the actual amounts assessed.
38(d) The task force also shall evaluate and make
39recommendations to the Judicial Council and the Legislature on
40or before June 30, 2011, regarding the priority in which
P228 1court-ordered debts should be satisfied and the use of
2comprehensive collection programs authorized pursuant to Section
31463.007, including associated cost-recovery practices.
begin insertSection 1485.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
5read:end insert
(a) If the district attorney or Attorney General
7stipulates to or does not contest the factual allegations underlying
8one or more of the grounds for granting a writ of habeas corpus
9or a motion to vacate a judgment, the facts underlying the basis
10for the court’s ruling or order shall be binding on the Attorney
11General, the factfinder, and the California Victim Compensation
12begin delete and Government Claimsend delete
Board.
13(b) The district attorney shall provide notice to the Attorney
14General prior to entering into a stipulation of facts that will be the
15basis for the granting of a writ of habeas corpus or a motion to
16vacate a judgment.
17(c) The express factual findings made by the court, including
18credibility determinations, in considering a petition for habeas
19corpus, a motion to vacate judgment pursuant to Section 1473.6,
20or an application for a certificate of factual innocence, shall be
21binding on the Attorney General, the factfinder, and the California
22Victim Compensationbegin delete and Government Claimsend delete Board.
23(d) For the purposes of this section, “express factual findings”
24are findings established as the basis for the court’s ruling
or order.
25(e) For purposes of this section, “court” is defined as a state or
26federal court.
begin insertSection 1485.55 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
28read:end insert
(a) In a contested proceeding, if the court grants a
30writ of habeas corpus concerning a person who is unlawfully
31imprisoned or restrained, or when, pursuant to Section 1473.6, the
32court vacates a judgment on the basis of new evidence concerning
33a person who is no longer unlawfully imprisoned or restrained,
34and if the court finds that new evidence on the petition points
35unerringly to innocence, that finding shall be binding on the
36California Victim Compensationbegin delete and
Government Claimsend delete
37for a claim presented to the board, and upon application by the
38person, the board shall, without a hearing, recommend to the
39Legislature that an appropriation be made and the claim paid
40pursuant to Section 4904.
P229 1(b) If the court grants a writ of habeas corpus concerning a
2person who is unlawfully imprisoned or restrained on any ground
3other than new evidence that points unerringly to innocence or
4actual innocence, the petitioner may move for a finding of
5innocence by a preponderance of the evidence that the crime with
6which he or she was charged was either not committed at all or,
7if committed, was not committed by him or her.
8(c) If the court vacates a judgment pursuant to Section 1473.6,
9on any ground other than new evidence that points unerringly to
10innocence or actual innocence, the petitioner may move for a
11finding of innocence by a
preponderance of the evidence that the
12crime with which he or she was charged was either not committed
13at all or, if committed, was not committed by him or her.
14(d) If the court makes a finding that the petitioner has proven
15his or her innocence by a preponderance of the evidence pursuant
16to subdivision (b) or (c), the board shall, without a hearing,
17recommend to the Legislature that an appropriation be made and
18the claim paid pursuant to Section 4904.
19(e) No presumption shall exist in any other proceeding for failure
20to make a motion or obtain a favorable ruling pursuant to
21subdivision (b) or (c).
22(f) If a federal court, after granting a writ of habeas corpus,
23pursuant to a nonstatutory motion or request, finds a petitioner
24innocent by no less than a preponderance of the evidence that the
25crime with which he or she
was charged was either not committed
26at all or, if committed, was not committed by him or her, the board
27shall, without a hearing, recommend to the Legislature that an
28appropriation be made and the claim paid pursuant to Section 4904.
29(g) For the purposes of this section, “new evidence” means
30evidence that was not available or known at the time of trial that
31completely undermines the prosecution case and points unerringly
32to innocence.
begin insertSection 1557 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) This section shall apply when this state or a city,
35county, or city and county employs a person to travel to a foreign
36jurisdiction outside this state for the express purpose of returning
37a fugitive from justice to this state when the Governor of this state,
38in the exercise of the authority conferred by Section 2 of Article
39IV of the United States Constitution, or by the laws of this state,
40has demanded the surrender of the fugitive from the executive
P230 1authority of any state of the United States, or of any foreign
2government.
3(b) Upon the approval of the Governor, thebegin delete Stateend delete Controller
4shall audit and pay out of the State Treasury as
provided in
5subdivision (c) or (d) the accounts of the person employed to bring
6back the fugitive, including any money paid by that person for all
7of the following:
8(1) Money paid to the authorities of a sister state for statutory
9fees in connection with the detention and surrender of the fugitive.
10(2) Money paid to the authorities of the sister state for the
11subsistence of the fugitive while detained by the sister state without
12payment of which the authorities of the sister state refuse to
13surrender the fugitive.
14(3) Where it is necessary to present witnesses or evidence in
15the sister state, without which the sister state would not surrender
16the fugitive, the cost of producing the witnesses or evidence in the
17sister state.
18(4) Where the appearance of
witnesses has been authorized in
19advance by the Governor, who may authorize the appearance in
20unusual cases where the interests of justice would be served, the
21cost of producing witnesses to appear in the sister state on behalf
22of the fugitive in opposition to his or her extradition.
23(c) No amount shall be paid out of the State Treasury to a city,
24county, or city and county except as follows:
25(1) When a warrant has been issued by any magistrate after the
26filing of a complaint or the finding of an indictment and its
27presentation to the court and filing by the clerk, and the person
28named therein as defendant is a fugitive from justice who has been
29found and arrested in any state of the United States or in any
30foreign government, the county auditor shall draw his or her
31warrant and the county treasurer shall pay to the person designated
32to return the fugitive, the amount of expenses
estimated by the
33district attorney to be incurred in the return of the fugitive.
34(2) If the person designated to return the fugitive is a city officer,
35the city officer authorized to draw warrants on the city treasury
36shall draw his or her warrant and the city treasurer shall pay to that
37person the amount of expenses estimated by the district attorney
38to be incurred in the return of the fugitive.
39(3) The person designated to return the fugitive shall make no
40disbursements from any funds advanced without a receipt being
P231 1obtained therefor showing the amount, the purpose for which the
2sum is expended, the place, the date, and to whom paid.
3(4) A receipt obtained pursuant to paragraph (3) shall be filed
4by the person designated to return the fugitive with the county
5auditor or appropriate city officer orbegin delete Stateend deletebegin insert
theend insert
Controller, as the
6case may be, together with an affidavit by the person that the
7expenditures represented by the receipts were necessarily made in
8the performance of duty, and when the advance has been made by
9the county or city treasurer to the person designated to return the
10fugitive, and has thereafter been audited by thebegin delete Stateend delete Controller,
11the payment thereof shall be made by the State Treasurer to the
12county or city treasury that has advanced the funds.
13(5) In every case where the expenses of the person employed
14to bring back the fugitive as provided in this section, are less than
15the amount advanced on the recommendation of the district
16attorney, the person employed to bring back the fugitive shall
17return to the county or city treasurer, as appropriate, the difference
18in amount between the aggregate amount of receipts so filed by
19him or
her, as herein employed, and the amount advanced to the
20person upon the recommendation of the district attorney.
21(6) When no advance has been made to the person designated
22to return the fugitive, the sums expended by him or her, when
23audited by thebegin delete Stateend delete Controller, shall be paid by the State Treasurer
24to the person so designated.
25(7) Any payments made out of the State Treasury pursuant to
26this section shall be made from appropriations for the fiscal year
27in which those payments are made.
28(d) Payments to state agencies will be made in accord with the
29rules of thebegin delete California Victim Compensation and Government begin insert
Department of General Services.end insert No city, county,
30Claims Board.end delete
31or other jurisdiction may file, and the state may not reimburse, a
32claim pursuant to this section that is presented to the Department
33of Corrections and Rehabilitation or to any other agency or
34department of the state more than six months after the close of the
35month in which the costs were incurred.
begin insertSection 2085.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
37read:end insert
(a) In any case in which a prisoner owes a restitution
39fine imposed pursuant to subdivision (a) of Section 13967 of the
40Government Code, as operative prior to September 29, 1994,
P232 1subdivision (b) of Section 730.6 of the Welfare and Institutions
2Code, or subdivision (b) of Section 1202.4, the Secretary of the
3Department of Corrections and Rehabilitation shall deduct a
4minimum of 20 percent or the balance owing on the fine amount,
5whichever is less, up to a maximum of 50 percent from the wages
6and trust account deposits of a prisoner, unless prohibited by
7federal law, and shall transfer that amount to the California Victim
8Compensationbegin delete and Government Claimsend delete Board for deposit in the
9Restitution Fund in the State Treasury. The amount deducted
shall
10be credited against the amount owing on the fine. The sentencing
11court shall be provided a record of the payments.
12(b) (1) When a prisoner is punished by imprisonment in a
13county jail pursuant to subdivision (h) of Section 1170, in any case
14in which a prisoner owes a restitution fine imposed pursuant to
15subdivision (a) of Section 13967 of the Government Code, as
16operative prior to September 29, 1994, subdivision (b) of Section
17730.6 of the Welfare and Institutions Code, or subdivision (b) of
18Section 1202.4, the agency designated by the board of supervisors
19in the county where the prisoner is incarcerated is authorized to
20deduct a minimum of 20 percent or the balance owing on the fine
21amount, whichever is less, up to a maximum of 50 percent from
22the county jail equivalent of wages and trust account deposits of
23a prisoner, unless prohibited by federal law, and shall transfer that
24amount to the California Victim
Compensationbegin delete and Government
Board for deposit in the Restitution Fund in the State
25Claimsend delete
26Treasury. The amount deducted shall be credited against the
27amount owing on the fine. The sentencing court shall be provided
28a record of the payments.
29(2) If the board of supervisors designates the county sheriff as
30the collecting agency, the board of supervisors shall first obtain
31the concurrence of the county sheriff.
32(c) In any case in which a prisoner owes a restitution order
33imposed pursuant to subdivision (c) of Section 13967 of the
34Government Code, as operative prior to September 29, 1994,
35subdivision (h) of Section 730.6 of the Welfare and Institutions
36Code, or subdivision (f) of Section 1202.4, the Secretary of the
37Department of Corrections and Rehabilitation shall deduct a
38minimum of 20 percent or the balance owing on the order amount,
39whichever is less, up to a maximum of 50 percent from the wages
40
and trust account deposits of a prisoner, unless prohibited by
P233 1federal law. The secretary shall transfer that amount to the
2California Victim Compensationbegin delete and Government Claimsend delete Board
3for direct payment to the victim, or payment shall be made to the
4Restitution Fund to the extent that the victim has received
5assistance pursuant to that program. The sentencing court shall be
6provided a record of the payments made to victims and of the
7payments deposited to the Restitution Fund pursuant to this
8subdivision.
9(d) When a prisoner is punished by imprisonment in a county
10jail pursuant to subdivision (h) of Section 1170, in any case in
11which a prisoner owes a restitution order imposed pursuant to
12subdivision (c) of Section 13967 of the Government Code, as
13operative prior to September 29, 1994, subdivision (h) 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 order
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. The agency shall
21transfer that amount to the California Victim Compensationbegin delete and Board for direct payment to the victim, or
22Government Claimsend delete
23payment shall be made to the Restitution Fund to the extent that
24the victim has received assistance pursuant to that program, or
25may pay the victim directly. The sentencing court shall be provided
26a record of the payments made to the victims and of the payments
27deposited to the Restitution Fund pursuant to this subdivision.
28(e) The secretary
shall deduct and retain from the wages and
29trust account deposits of a prisoner, unless prohibited by federal
30law, an administrative fee that totals 10 percent of any amount
31transferred to the California Victim Compensationbegin delete and Government
32
Claimsend delete
33shall deduct and retain from any prisoner settlement or trial award,
34an administrative fee that totals 5 percent of any amount paid from
35the settlement or award to satisfy an outstanding restitution order
36or fine pursuant to subdivision (n), unless prohibited by federal
37law. The secretary shall deposit the administrative fee moneys in
38a special deposit account for reimbursing administrative and
39support costs of the restitution program of the Department of
40Corrections and Rehabilitation. The secretary, at his or her
P234 1discretion, may retain any excess funds in the special deposit
2account for future reimbursement of the department’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(f) When a prisoner is punished by imprisonment in a county
7jail pursuant to subdivision (h) of Section
1170, the agency
8designated by the board of supervisors in the county where the
9prisoner is incarcerated is authorized to deduct and retain from the
10county jail equivalent of wages and trust account deposits of a
11prisoner, unless prohibited by federal law, an administrative fee
12that totals 10 percent of any amount transferred to the California
13Victim Compensationbegin delete and Government Claimsend delete Board pursuant to
14subdivision (b) or (d). The agency is authorized to deduct and
15retain from a prisoner settlement or trial award an administrative
16fee that totals 5 percent of any amount paid from the settlement
17or award to satisfy an outstanding restitution order or fine pursuant
18to subdivision (n), unless prohibited by federal law. Upon release
19from custody pursuant to subdivision (h) of Section 1170, the
20agency is authorized to charge a fee to cover the actual
21administrative cost of collection, not to exceed 10 percent of the
22total amount
collected. The agency shall deposit the administrative
23fee moneys in a special deposit account for reimbursing
24administrative and support costs of the restitution program of the
25agency. The agency is authorized to retain any excess funds in the
26special deposit account for future reimbursement of the agency’s
27administrative and support costs for the restitution program or may
28transfer all or part of the excess funds for deposit in the Restitution
29Fund.
30(g) In any case in which a parolee owes a restitution fine
31imposed pursuant to subdivision (a) of Section 13967 of the
32Government Code, as operative prior to September 29, 1994,
33subdivision (b) of Section 730.6 of the Welfare and Institutions
34Code, or subdivision (b) of Section 1202.4, the secretary, or, when
35a prisoner is punished by imprisonment in a county jail pursuant
36to subdivision (h) of Section 1170, the agency designated by the
37board of supervisors in the county where the prisoner is
38
incarcerated, may collect from the parolee or, pursuant to Section
392085.6, from a person previously imprisoned in county jail any
40moneys owing on the restitution fine amount, unless prohibited
P235 1by federal law. The secretary or the agency shall transfer that
2amount to the California Victim Compensationbegin delete and Government Board for deposit in the Restitution Fund in the State
3Claimsend delete
4Treasury. The amount deducted shall be credited against the
5amount owing on the fine. The sentencing court shall be provided
6a record of the payments.
7(h) In any case in which a parolee owes a direct order of
8restitution, imposed pursuant to subdivision (c) of Section 13967
9of the Government Code, as operative prior to September 29, 1994,
10subdivision (h) of Section 730.6 of the Welfare and Institutions
11Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
12secretary, or, when a
prisoner is punished by imprisonment in a
13county jail pursuant to subdivision (h) of Section 1170, the agency
14designated by the board of supervisors in the county where the
15prisoner is incarcerated or a local collection program, may collect
16from the parolee or, pursuant to Section 2085.6, from a person
17previously imprisoned in county jail any moneys owing, unless
18prohibited by federal law. The secretary or the agency shall transfer
19that amount to the California Victim Compensationbegin delete and Board for direct payment to the victim, or
20Government Claimsend delete
21payment shall be made to the Restitution Fund to the extent that
22the victim has received assistance pursuant to that program, or the
23agency may pay the victim directly. The sentencing court shall be
24provided a record of the payments made by the offender pursuant
25to this subdivision.
26(i) The secretary, or, when a prisoner
is punished by
27imprisonment in a county jail pursuant to subdivision (h) of Section
281170, the agency designated by the board of supervisors in the
29county where the prisoner is incarcerated, may deduct and retain
30from moneys collected from parolees or persons previously
31imprisoned in county jail an administrative fee that totals 10 percent
32of any amount transferred to the California Victim Compensation
33begin delete and Government Claimsend delete Board pursuant to subdivision (g) or (h),
34unless prohibited by federal law. The secretary shall deduct and
35retain from any settlement or trial award of a parolee an
36administrative fee that totals 5 percent of an amount paid from the
37settlement or award to satisfy an outstanding restitution order or
38fine pursuant to subdivision (n), unless prohibited by federal law.
39The agency is authorized to deduct and retain from any settlement
40or trial award of a person previously imprisoned in county jail an
P236 1
administrative fee that totals 5 percent of any amount paid from
2the settlement or award to satisfy an outstanding restitution order
3or fine pursuant to subdivision (n). The secretary or the agency
4shall deposit the administrative fee moneys in a special deposit
5account for reimbursing administrative and support costs of the
6restitution program of the Department of Corrections and
7Rehabilitation or the agency, as applicable. The secretary, at his
8or her discretion, or the agency may retain any excess funds in the
9special deposit account for future reimbursement of the
10department’s or agency’s administrative and support costs for the
11restitution program or may transfer all or part of the excess funds
12for deposit in the Restitution Fund.
13(j) When a prisoner has both a restitution fine and a restitution
14order from the sentencing court, the Department of Corrections
15and Rehabilitation shall collect the restitution order first pursuant
16to
subdivision (c).
17(k) When a prisoner is punished by imprisonment in a county
18jail pursuant to subdivision (h) of Section 1170 and that prisoner
19has both a restitution fine and a restitution order from the
20sentencing court, if the agency designated by the board of
21supervisors in the county where the prisoner is incarcerated collects
22the fine and order, the agency shall collect the restitution order
23first pursuant to subdivision (d).
24(l) When a parolee has both a restitution fine and a restitution
25order from the sentencing court, the Department of Corrections
26and Rehabilitation, or, when the prisoner is punished by
27imprisonment in a county jail pursuant to subdivision (h) of Section
281170, the agency designated by the board of supervisors in the
29county where the prisoner is incarcerated, may collect the
30restitution order first, pursuant to subdivision (h).
31(m) If an inmate is housed at an institution that requires food
32to be purchased from the institution canteen for unsupervised
33overnight visits, and if the money for the purchase of this food is
34received from funds other than the inmate’s wages, that money
35shall be exempt from restitution deductions. This exemption shall
36apply to the actual amount spent on food for the visit up to a
37maximum of fifty dollars ($50) for visits that include the inmate
38and one visitor, seventy dollars ($70) for visits that include the
39inmate and two or three visitors, and eighty dollars ($80) for visits
40that include the inmate and four or more visitors.
P237 1(n) Compensatory or punitive damages awarded by trial or
2settlement to any inmate, parolee, person placed on postrelease
3community supervision pursuant to Section 3451, or defendant on
4mandatory supervision imposed pursuant to subparagraph (B) of
5paragraph
(5) of subdivision (h) of Section 1170, in connection
6with a civil action brought against a federal, state, or local jail,
7prison, or correctional facility, or any official or agent thereof,
8shall be paid directly, after payment of reasonable attorney’s fees
9and litigation costs approved by the court, to satisfy any
10outstanding restitution orders or restitution fines against that
11person. The balance of the award shall be forwarded to the payee
12after full payment of all outstanding restitution orders and
13restitution fines, subject to subdivisions (e) and (i). The Department
14of Corrections and Rehabilitation shall make all reasonable efforts
15to notify the victims of the crime for which that person was
16convicted concerning the pending payment of any compensatory
17or punitive damages. For any prisoner punished by imprisonment
18in a county jail pursuant to subdivision (h) of Section 1170, the
19agency is authorized to make all reasonable efforts to notify the
20victims of the crime for which that person was convicted
21
concerning the pending payment of any compensatory or punitive
22damages.
23(o) (1) Amounts transferred to the California Victim
24Compensationbegin delete and Government Claimsend delete Board for payment of
25direct orders of restitution shall be paid to the victim within 60
26days from the date the restitution revenues are received by the
27California Victim Compensationbegin delete and Government Claimsend delete Board.
28If the restitution payment to a victim is less than twenty-five dollars
29($25), then payment need not be forwarded to that victim until the
30payment reaches twenty-five dollars ($25) or when the victim
31requests payment of the lesser amount.
32(2) If a victim cannot be located, the restitution revenues
33received by the California
Victim Compensationbegin delete and Government
34
Claimsend delete
35Restitution Fund until the end of the state fiscal year subsequent
36to the state fiscal year in which the funds were deposited or until
37the time that the victim has provided current address information,
38whichever occurs sooner. Amounts remaining in trust at the end
39of the specified period of time shall revert to the Restitution Fund.
P238 1(3) (A) A victim failing to provide a current address within the
2period of time specified in paragraph (2) may provide
3documentation to the Department of Corrections and Rehabilitation,
4which shall verify that moneys were collected on behalf of the
5victim. Upon receipt of that verified information from the
6Department of Corrections and Rehabilitation, the California
7Victim Compensationbegin delete and Government Claimsend delete Board shall transmit
8the
restitution revenues to the victim in accordance with the
9provisions of subdivision (c) or (h).
10(B) A victim failing to provide a current address within the
11period of time specified in paragraph (2) may provide
12documentation to the agency designated by the board of supervisors
13in the county where the prisoner punished by imprisonment in a
14county jail pursuant to subdivision (h) of Section 1170 is
15incarcerated, which may verify that moneys were collected on
16behalf of the victim. Upon receipt of that verified information from
17the agency, the California Victim Compensationbegin delete and Government Board shall transmit the restitution revenues to the victim
18Claimsend delete
19in accordance with the provisions of subdivision (d) or (h).
begin insertSection 2085.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
21read:end insert
(a) When a prisoner who owes a restitution fine, or
23any portion thereof, is subsequently released from the custody of
24the Department of Corrections and Rehabilitation or a county jail
25facility, and is subject to postrelease community supervision under
26Section 3451 or mandatory supervision under subdivision (h) of
27Section 1170, he or she shall have a continuing obligation to pay
28the restitution fine in full. The restitution fine obligation and any
29portion left unsatisfied upon placement in postrelease community
30supervision or mandatory supervision is enforceable and may be
31collected, in a manner to be established by the county board of
32supervisors, by the department or county agency designated by
33the board of supervisors in the county where the prisoner is
34released. If a county elects to collect restitution fines, the
35
department or county agency designated by the county board of
36supervisors shall transfer the amount collected to the California
37Victim Compensationbegin delete and Government Claimsend delete Board for deposit
38in the Restitution Fund in the State Treasury.
39(b) When a prisoner who owes payment for a restitution order,
40or any portion thereof, is released from the custody of the
P239 1Department of Corrections and Rehabilitation or a county jail
2facility, and is subject to postrelease community supervision under
3Section 3451 or mandatory supervision under subdivision (h) of
4Section 1170, he or she shall have a continuing obligation to pay
5the restitution order in full. The restitution order obligation and
6any portion left unsatisfied upon placement in postrelease
7community supervision or mandatory supervision is enforceable
8and may be collected, in a manner to be established by the county
9
board of supervisors, by the agency designated by the county board
10of supervisors in the county where the prisoner is released. If the
11county elects to collect the restitution order, the agency designated
12by the county board of supervisors for collection shall transfer the
13collected amount to the California Victim Compensationbegin delete and for deposit in the Restitution Fund in
14Government Claims Boardend delete
15the State Treasury or may pay the victim directly. The sentencing
16court shall be provided a record of payments made to the victim
17and of the payments deposited into the Restitution Fund.
18(c) Any portion of a restitution order or restitution fine that
19remains unsatisfied after an individual is released from postrelease
20community supervision or mandatory supervision shall continue
21to be enforceable by a victim pursuant to Section 1214 until the
22obligation is satisfied.
23(d) At its discretion, a county board of supervisors may impose
24a fee upon the individual subject to postrelease community
25supervision or mandatory supervision to cover the actual
26administrative cost of collecting the restitution fine and the
27restitution order, not to exceed 10 percent of the amount collected,
28the proceeds of which shall be deposited into the general fund of
29the county.
30(e) If a county elects to collect both a restitution fine and a
31restitution order, the amount owed on the restitution order shall
32be collected before the restitution fine.
33(f) If a county elects to collect restitution fines and restitution
34orders pursuant to this section, the county shall coordinate efforts
35with the Franchise Tax Board pursuant to Section 19280 of the
36Revenue and Taxation Code.
37(g) Pursuant to Section 1214, the county agency selected by a
38county board of supervisors to collect restitution fines and
39restitution orders may collect restitution fines and restitution orders
40after an individual is no longer on postrelease community
P240 1supervision or mandatory supervision or after a term in custody
2pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
3of Section 1170.
4(h) For purposes of this section, the following definitions shall
5apply:
6(1) “Restitution fine” means a fine imposed pursuant to
7subdivision (a) of Section 13967 of the Government Code, as
8operative prior to September 29, 1994, subdivision (b) of Section
9730.6 of the Welfare and Institutions Code, or subdivision (b) of
10Section 1202.4.
11(2) “Restitution order” means an
order for restitution to the
12victim of a crime imposed pursuant to subdivision (c) of Section
1313967 of the Government Code, as operative prior to September
1429, 1994, subdivision (h) of Section 730.6 of the Welfare and
15Institutions Code, or subdivision (f) of Section 1202.4.
begin insertSection 2786 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
All money received pursuant to this article in the Inmate
18Welfare Fund of the Department of Corrections and Rehabilitation
19is hereby appropriated for educational, recreational, and other
20purposes described in Section 5006 at the various prison camps
21established under this article and shall be expended by the secretary
22upon warrants drawn upon the State Treasury by the Controller
23after approval of the claims by thebegin delete California Victim Compensation begin insert Department of General Services.end insert
24and Government Claims Board.end delete
25 It is the intent of the Legislature that moneys in this fund only be
26expended on services other than those that the department is
27required to provide to
inmates.
begin insertSection 4900 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
Any person who, having been convicted of any crime
30against the state amounting to a felony and imprisoned in the state
31prison or incarcerated in county jail pursuant to subdivision (h) of
32Section 1170 for that conviction, is granted a pardon by the
33Governor for the reason that the crime with which he or she was
34charged was either not committed at all or, if committed, was not
35committed by him or her, or who, being innocent of the crime with
36which he or she was charged for either of the foregoing reasons,
37shall have served the term or any part thereof for which he or she
38was imprisoned in state prison or incarcerated in county jail, may,
39under the conditions provided under this chapter, present a claim
40against the state to the California Victim Compensationbegin delete and
Board for the pecuniary injury sustained by
P241 1Government Claimsend delete
2him or her through the erroneous conviction and imprisonment or
3incarceration.
begin insertSection 4901 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) A claim under Section 4900, accompanied by a
6statement of the facts constituting the claim, verified in the manner
7provided for the verification of complaints in civil actions, is
8required to be presented by the claimant to the California Victim
9Compensationbegin delete and Government Claimsend delete Board within a period of
10two years after judgment of acquittal or after pardon granted, or
11after release from custody, and no claim not so presented shall be
12considered by the California Victim Compensationbegin delete and Board.
13Government Claimsend delete
14(b) For purposes of subdivision (a), “release from custody”
15means release from
imprisonment from state prison or from
16incarceration in county jail when there is no subsequent parole
17jurisdiction exercised by the Department of Correction and
18Rehabilitation or postrelease jurisdiction under a community
19corrections program, or when there is a parole period or postrelease
20period subject to jurisdiction of a community corrections program,
21when that period ends.
22(c) A person may not file a claim under Section 4900 until 60
23days have passed since the date of reversal of conviction or granting
24of the writ, or while the case is pending upon an initial refiling, or
25until a complaint or information has been dismissed a single time.
begin insertSection 4902 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) If the provisions of Section 851.865 or 1485.55 apply
28in any claim, the California Victim Compensationbegin delete and Government Board shall, within 30 days of the presentation of the claim,
29Claimsend delete
30calculate the compensation for the claimant pursuant to Section
314904 and recommend to the Legislature payment of that sum. As
32to any claim to which Section 851.865 or 1485.55 does not apply,
33the Attorney General shall respond to the claim within 60 days or
34request an extension of time, upon a showing of good cause.
35(b) Upon receipt of a response from the Attorney General, the
36board shall fix a time and place for the hearing of the claim, and
37shall mail notice thereof to the claimant and to the
Attorney
38General at least 15 days prior to the time fixed for the hearing. The
39board shall use reasonable diligence in setting the date for the
P242 1hearing and shall attempt to set the date for the hearing at the
2earliest date convenient for the parties and the board.
3(c) If the time period for response elapses without a request for
4extension or a response from the Attorney General pursuant to
5subdivision (a), the board shall fix a time and place for the hearing
6of the claim, mail notice thereof to the claimant at least 15 days
7prior to the time fixed for the hearing, and make a recommendation
8based on the claimant’s verified claim and any evidence presented
9by him or her.
begin insertSection 4904 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
If the evidence shows that the crime with which the
12claimant was charged was either not committed at all, or, if
13committed, was not committed by the claimant, and that the
14claimant has sustained injury through his or her erroneous
15conviction and imprisonment, the California Victim Compensation
16begin delete and Government Claimsend delete Board shall report the facts of the case
17and its conclusions to the next Legislature, with a recommendation
18that the Legislature make an appropriation for the purpose of
19indemnifying the claimant for the injury. The amount of the
20appropriation recommended shall be a sum equivalent to one
21hundred forty dollars ($140) per day of incarceration served, and
22shall include any time spent in custody, including in a county jail,
23that is considered to be part of
the term of incarceration. That
24appropriation shall not be treated as gross income to the recipient
25under the Revenue and Taxation Code.
begin insertSection 4905 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
The California Victim Compensationbegin delete and Government Board shall make up its report and recommendation and
28Claimsend delete
29shall give to the Controller a statement showing its
30recommendations for appropriations under this chapter, as provided
31by law in cases of other claimants against the state for which no
32appropriations have been made.
begin insertSection 4906 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
The California Victim Compensationbegin delete and Government Board is hereby authorized to make all needful rules and
35Claimsend delete
36regulations consistent with the law for the purpose of carrying into
37effect this chapter.
begin insertSection 11163 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
39read:end insert
(a) The Legislature finds and declares that even though
2the Legislature has provided for immunity from liability, pursuant
3to Section 11161.9, for persons required or authorized to report
4pursuant to this article, that immunity does not eliminate the
5possibility that actions may be brought against those persons based
6upon required reports of abuse pursuant to other laws.
7In order to further limit the financial hardship that those persons
8may incur as a result of fulfilling their legal responsibility, it is
9necessary that they not be unfairly burdened by legal fees incurred
10in defending those actions.
11(b) (1) Therefore, a health practitioner may present a
claim to
12thebegin delete California Victim Compensation and Government Claims begin insert
Department of General Servicesend insert for reasonable attorney’s
13Boardend delete
14fees incurred in any action against that person on the basis of that
15person reporting in accordance with this article if the court
16dismisses the action upon a demurrer or motion for summary
17judgment made by that person or if that person prevails in the
18action.
19(2) Thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert shall allow the
20Claims Boardend delete
21claim pursuant to paragraph (1) if the requirements of paragraph
22(1) are met, and the claim shall be paid from an appropriation to
23be made for that purpose. Attorney’s fees awarded pursuant to this
24section shall not exceed an hourly rate greater than the rate charged
25by the Attorney General
at the time the award is made and shall
26not exceed an aggregate amount of fifty thousand dollars ($50,000).
27(3) This subdivision shall not apply if a public entity has
28provided for the defense of the action pursuant to Section 995 of
29the Government Code.
begin insertSection 11172 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
31read:end insert
(a) No mandated reporter shall be civilly or criminally
33liable for any report required or authorized by this article, and this
34immunity shall apply even if the mandated reporter acquired the
35knowledge or reasonable suspicion of child abuse or neglect outside
36of his or her professional capacity or outside the scope of his or
37her employment. Any other person reporting a known or suspected
38instance of child abuse or neglect shall not incur civil or criminal
39liability as a result of any report authorized by this article unless
40it can be proven that a false report was made and the person knew
P244 1that the report was false or was made with reckless disregard of
2the truth or falsity of the report, and any person who makes a report
3of child abuse or neglect known to be false or with reckless
4disregard of the truth or falsity of the
report is liable for any
5damages caused. No person required to make a report pursuant to
6this article, nor any person taking photographs at his or her
7direction, shall incur any civil or criminal liability for taking
8photographs of a suspected victim of child abuse or neglect, or
9causing photographs to be taken of a suspected victim of child
10abuse or neglect, without parental consent, or for disseminating
11the photographs, images, or material with the reports required by
12this article. However, this section shall not be construed to grant
13immunity from this liability with respect to any other use of the
14photographs.
15(b) Any person, who, pursuant to a request from a government
16agency investigating a report of suspected child abuse or neglect,
17provides the requesting agency with access to the victim of a
18known or suspected instance of child abuse or neglect shall not
19incur civil or criminal liability as a result of providing that access.
20(c) Any commercial computer technician, and any employer of
21any commercial computer technician, who, pursuant to a warrant
22from a law enforcement agency investigating a report of suspected
23child abuse or neglect, provides the law enforcement agency with
24a computer or computer component which contains possible
25evidence of a known or suspected instance of child abuse or
26neglect, shall not incur civil or criminal liability as a result of
27providing that computer or computer component to the law
28enforcement agency.
29(d) (1) The Legislature finds that even though it has provided
30immunity from liability to persons required or authorized to make
31reports pursuant to this article, that immunity does not eliminate
32the possibility that actions may be brought against those persons
33based upon required or authorized reports. In order to further limit
34the financial hardship that
those persons may incur as a result of
35fulfilling their legal responsibilities, it is necessary that they not
36be unfairly burdened by legal fees incurred in defending those
37actions. Therefore, a mandated reporter may present a claim to the
38begin delete California Victim Compensation and Government Claims Boardend delete
39begin insert Department of General Servicesend insert for reasonable attorney’s fees and
40costs incurred in any action against that person on the basis of
P245 1making a report required or authorized by this article if the court
2has dismissed the action upon a demurrer or motion for summary
3judgment made by that person, or if he or she prevails in the action.
4Thebegin delete California Victim Compensation and Government Claims begin insert
Department of General Servicesend insert shall allow that claim if
5Boardend delete
6the requirements of this subdivision are met, and the claim shall
7be paid from an appropriation to be made for that purpose.
8Attorney’s fees awarded pursuant to this section shall not exceed
9an hourly rate greater than the rate charged by the Attorney General
10of the State of California at the time the award is made and shall
11not exceed an aggregate amount of fifty thousand dollars ($50,000).
12(2) This subdivision shall not apply if a public entity has
13provided for the defense of the action pursuant to Section 995 of
14the Government Code.
15(e) A court may award attorney’s fees and costs to a commercial
16film and photographic print processor when a suit is brought against
17the processor because of a disclosure mandated by this article and
18the court finds this suit to be
frivolous.
begin insertSection 13835.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
20read:end insert
(a) Funds appropriated from the Victim-Witness
22Assistance Fund shall be made available through the Office of
23Emergency Services to any public or private nonprofit agency for
24the assistance of victims and witnesses that meets all of the
25following requirements:
26(1) It provides comprehensive services to victims and witnesses
27of all types of crime. It is the intent of the Legislature to make
28funds available only to programs that do not restrict services to
29victims and witnesses of a particular type of crime, and do not
30restrict services to victims of crime in which there is a suspect in
31the case.
32(2) It is recognized by the board of supervisors as the major
33provider of comprehensive services to
victims and witnesses in
34the county.
35(3) It is selected by the board of supervisors as the agency to
36receive funds pursuant to this article.
37(4) It assists victims of crime in the preparation, verification,
38and presentation of their claims to the California Victim
39Compensationbegin delete and Government Claimsend delete Board for indemnification
P246 1pursuant to Article 1 (commencing with Section 13959) of Part 4
2of Division 3 of Title 2 of the Government Code.
3(5) It cooperates with the California Victim Compensationbegin delete and Board in verifying the data required by Article
4Government Claimsend delete
51 (commencing with Section 13959) of Part 4 of Division 3 of
6Title 2 of the Government
Code.
7(b) The Office of Emergency Services shall consider the
8following factors, together with any other circumstances it deems
9appropriate, in awarding funds to public or private nonprofit
10agencies designated as victim and witness assistance centers:
11(1) The capability of the agency to provide comprehensive
12services as defined in this article.
13(2) The stated goals and objectives of the center.
14(3) The number of people to be served and the needs of the
15community.
16(4) Evidence of community support.
17(5) The organizational structure of the agency that will operate
18the center.
19(6) The capability of the agency to provide confidentiality of
20records.
begin insertSection 14030 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
22read:end insert
(a) The Attorney General shall establish a liaison with
24the United States Marshal’s office in order to facilitate the legal
25processes over which the federal government has sole authority,
26including, but not limited to, those processes included in Section
2714024. The liaison shall coordinate all requests for federal
28assistance relating to witness protection as established by this title.
29(b) The Attorney General shall pursue all federal sources that
30may be available for implementing this program. For that purpose,
31the Attorney General shall establish a liaison with the United States
32Department of Justice.
33(c) The Attorney General, with the California Victim
34
Compensationbegin delete and Government Claimsend delete
Board, shall establish
35procedures to maximize federal funds for witness protection
36services.
begin insertSection 216 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert
(a) For the purposes of this section “confined” means to
39be confined in a prison or facility under the jurisdiction of the
40Department of Corrections and Rehabilitation, or its Division of
P247 1Juvenile Facilities, or confined in any county or city jail, road
2camp, industrial farm, or other local correctional facility.
3(b) The estate attorney, or if there is no estate attorney, the
4beneficiary, the personal representative, or the person in possession
5of property of the decedent shall give the Director of the California
6Victim Compensationbegin delete and Government Claimsend delete Board notice of a
7decedent’s death not later
than 90 days after the date of death in
8either of the following circumstances:
9(1) The deceased person has an heir or beneficiary who is
10confined.
11(2) The estate attorney, or if there is no estate attorney, the
12beneficiary, the personal representative, or the person in possession
13of property of the decedent, knows that an heir or beneficiary has
14previously been confined.
15(c) The notice shall be given as provided in Section 1215 and
16shall include all of the following:
17(1) The name, date of birth, and location of incarceration, or
18current address if no longer incarcerated, of the decedent’s heir or
19beneficiary.
20(2) The heir’s or beneficiary’s CDCR number if incarcerated
21in a Department of
Corrections and Rehabilitation facility or
22booking number if incarcerated in a county facility.
23(3) A copy of the decedent’s death certificate.
24(4) The probate case number, and the name of the superior court
25hearing the case.
26(d) Nothing in this section shall be interpreted as requiring the
27estate attorney, the beneficiary, the personal representative, or the
28person in possession of property of the decedent to conduct an
29additional investigation to determine whether a decedent has an
30heir or beneficiary who has been confined in a prison or facility
31under the jurisdiction of the Department of Corrections and
32Rehabilitation, or its Division of Juvenile Facilities, or confined
33in any county or city jail, road camp, industrial farm, or other local
34correctional facility.
begin insertSection 9202 of the end insertbegin insertProbate Codeend insertbegin insert is amended to
36read:end insert
(a) Not later than 90 days after the date letters are first
38issued to a general personal representative, the general personal
39representative or estate attorney shall give the Director of Health
40Care Services notice of the decedent’s death in the manner provided
P248 1in Section 215 if the general personal representative knows or has
2reason to believe that the decedent received health care under
3Chapter 7 (commencing with Section 14000) or Chapter 8
4(commencing with Section 14200) of Part 3 of Division 9 of the
5Welfare and Institutions Code, or was the surviving spouse of a
6person who received that health care. The director has four months
7after notice is given in which to file a claim.
8(b) Not later than 90 days after the date letters are first issued
9to a general
personal representative, the general personal
10representative or estate attorney shall give the Director of the
11California Victim Compensationbegin delete and Government Claimsend delete Board
12notice of the decedent’s death in the manner provided in Section
13216 if the general personal representative or estate attorney knows
14that an heir or beneficiary is or has previously been confined in a
15prison or facility under the jurisdiction of the Department of
16Corrections and Rehabilitation or confined in any county or city
17jail, road camp, industrial farm, or other local correctional facility.
18The director of the board shall have four months after that notice
19is received in which to pursue collection of any outstanding
20restitution fines or orders.
21(c) (1) Not later than 90 days after the date letters are first issued
22to a general personal representative, the general
personal
23representative or estate attorney shall give the Franchise Tax Board
24notice of the administration of the estate. The notice shall be given
25as provided in Section 1215.
26(2) The provisions of this subdivision shall apply to estates for
27which letters are first issued on or after July 1, 2008.
28(d) Nothing in this section shall be interpreted as requiring the
29estate attorney, the beneficiary, the personal representative, or the
30person in possession of property of the decedent to conduct an
31additional investigation to determine whether a decedent has an
32heir or beneficiary who has been confined in a prison or facility
33under the jurisdiction of the Department of Corrections and
34Rehabilitation, or its Division of Juvenile Facilities, or confined
35in any county or city jail, road camp, industrial farm, or other local
36correctional facility.
begin insertSection 10301 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
38amended to read:end insert
Except in cases when the agency and the department
40agree that an article of a specified brand or trade name is the only
P249 1article that will properly meet the needs of the agency, or in cases
2where thebegin delete State Board of Controlend deletebegin insert Department of General Servicesend insert
3 has made a determination pursuant to Section 10308, all contracts
4for the acquisition or lease of goods in an amount of twenty-five
5thousand dollars ($25,000), or a higher amount as established by
6the director, shall be made or entered into with the lowest
7responsible bidder meeting specifications.
8For purposes of determining
the lowest bid, the amount of sales
9tax shall be excluded from the total amount of the bid.
begin insertSection 10306 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
11amended to read:end insert
Whenever a contract or purchase order under this article
13is not to be awarded to the lowest bidder, the bidder shall be
14notified 24 hours prior to awarding the contract or purchase order
15to another bidder. Upon written request by any bidder who has
16submitted a bid, notice of the proposed award shall be posted in a
17public place in the offices of the department at least 24 hours prior
18to awarding the contract or purchase order. If prior to making the
19award, any bidder who has submitted a bid files a protest with the
20department against the awarding of the contract or purchase order
21on the ground that he or she is the lowest responsible bidder
22meeting specifications, the contract or purchase order shall not be
23awarded until either the protest has been withdrawn or thebegin delete State begin insert
departmentend insert has made a final decision as to the
24Board of Controlend delete
25action to be taken relative to the protest. In computing the 24-hour
26periods provided for in this section, Saturdays, Sundays, and legal
27holidays shall be excluded.
28Within 10 days after filing a protest, the protesting bidder shall
29file with thebegin delete State Board of Controlend deletebegin insert departmentend insert a full and complete
30written statement specifying in detail the ground of the protest and
31the facts in support thereof.
begin insertSection 10308 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
33amended to read:end insert
Except as provided otherwise in this chapter, every
35acquisition of goods in excess of one hundred dollars ($100) for
36any state agency shall be made by or under the supervision of the
37department. However, the state agency may specify the quality of
38the goods to be acquired. If the department determines that the
39quality specified by the agency is inconsistent with the statewide
40standards established by the director under Section 10307, it shall
P250 1change the request to make it consistent with the standards, and it
2shall notify the state agency, within a reasonable time, before a
3contract is issued. If the agency is of the opinion the interests of
4the state would not be served by the acquisition of goods of a lesser
5quality or different than that specified by the agency, the agency
6may request a hearing before
thebegin delete State Board of Controlend deletebegin insert
departmentend insert
7 and thebegin delete boardend deletebegin insert departmentend insert shall determine which goods will best
8serve the interests of the state, whereupon the department shall
9issue a contract for the goods specified by thebegin delete State Board of begin insert department.end insert
10Control.end delete
begin insertSection 10311 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
12amended to read:end insert
(a) An estimate or requisition approved by the state
14agency in control of the appropriation or fund against which an
15acquisition is to be charged, is full authority for any contract for
16goods of the quality specified by the agency or determined by the
17begin delete State Board of Controlend deletebegin insert departmentend insert as provided in this article made
18pursuant thereto by the department.
19(b) The department shall issue a call for bids within 30 days
20after receiving a requisition for any goods that are regularly
21acquired within this state. The period of closing time
designated
22in the invitations for bids shall be exclusive of holidays and shall
23be extended to the next working day after a holiday.
24(c) Except as provided in subdivision (d), after the closing date
25for receiving any bids within or without this state, the contract
26shall be awarded or the bids shall be rejected within 45 days unless
27a protest is filed as provided in Section 10306.
28(d) After the 45-day time period prescribed by subdivision (c),
29the department may in its sound discretion either award the contract
30to the lowest responsible bidder meeting specifications who
31remains willing to accept the award or else reject all bids.
32(e) The amendments made to this section at the 1987-88 Regular
33Session of the Legislature do not constitute a change in, but are
34declaratory of, existing
law.
begin insertSection 10326.2 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
36amended to read:end insert
(a) As used in this section, “best value procurement”
38means a contract award determined by objective criteria related
39to price, features, functions, and life-cycle costs that may include
40the following:
P251 1(1) Total cost of ownership, including warranty, under which
2all repair costs are borne solely by the warranty provider, repair
3costs, maintenance costs, fuel consumption, and salvage value.
4(2) Product performance, productivity, and safety standards.
5(3) The supplier’s ability to perform to the contract requirements.
6(4) Environmental benefits, including reduction of
greenhouse
7gas emissions, reduction of air pollutant emissions, or reduction
8of toxic or hazardous materials.
9(b) The department may purchase and equip heavy mobile fleet
10vehicles and special equipment for use by the Department of
11Transportation by means of best value procurement, using
12specifications and criteria developed in consultation with the
13Department of Transportation.
14(c) In addition to disclosure of the minimum requirements for
15qualification, the solicitation document shall specify what business
16performance measures in addition to price shall be given a weighted
17value. The department shall use a scoring method based on those
18factors and price in determining the successful bid. Any evaluation
19and scoring method shall ensure substantial weight is given to the
20contract price. The solicitation document shall provide for
21submission of sealed price information. Evaluation of
all criteria
22other than price shall be completed before the opening of price
23information.
24(d) Upon written request of any bidder who has submitted a bid,
25notice of the proposed award shall be posted in a public place in
26the offices of the department at least 24 hours before awarding the
27contract or purchase order. If, before making an award, any bidder
28who has submitted a bid files a protest with the department against
29the awarding of the contract or purchase order on the ground that
30his or her bid should have been selected in accordance with the
31selection criteria in the solicitation document, the contract or
32purchase order shall not be awarded until either the protest has
33been withdrawn or thebegin delete California Victim Compensation and begin insert departmentend insert
has made a final decision
34Government Claims Boardend delete
35as to the action to be taken relative to the protest. Within 10 days
36after filing a protest, the protesting bidder shall file with the
37begin delete California Victim Compensation and Government Claims Boardend delete
38begin insert
departmentend insert a full and complete written statement specifying in
39detail the ground of the protest and the facts in support thereof.
P252 1(e) The total value of vehicles and equipment purchased through
2best value procurement pursuant to this section shall be limited to
3twenty million dollars ($20,000,000) annually.
4(f) On or before June 1, 2020, the Department of General
5Services shall prepare an evaluation of the best value procurement
6pilot authorized by this section, including a recommendation on
7whether or not the process should be continued. The evaluation
8shall be posted on the Department of Transportation’s Internet
9Web site on or before June 30, 2020.
10(g) This section shall remain in effect only until January 1, 2021,
11and as of that date is repealed, unless a
later enacted statute, that
12is enacted before January 1, 2021, deletes or extends that date.
begin insertSection 12102.2 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
14amended to read:end insert
(a) Contract awards for all large-scale systems
16integration projects shall be based on the proposal that provides
17the most value-effective solution to the state’s requirements, as
18determined by the evaluation criteria contained in the solicitation
19document. Evaluation criteria for the acquisition of information
20technology goods and services, including systems integration, shall
21provide for the selection of a contractor on an objective basis not
22limited to cost alone.
23(1) The Department of Technology shall invite active
24participation, review, advice, comment, and assistance from the
25private sector and state agencies in developing procedures to
26streamline and to make the acquisition process more efficient,
27including, but not limited to, consideration of
comprehensive
28statements in the request for proposals of the business needs and
29governmental functions, access to studies, planning documents,
30feasibility study reports and draft requests for proposals applicable
31to solicitations, minimizing the time and cost of the proposal
32submittal and selection process, and development of a procedure
33for submission and evaluation of a single proposal rather than
34multiple proposals.
35(2) Solicitations for acquisitions based on evaluation criteria
36other than cost alone shall provide that sealed cost proposals shall
37be submitted and that they shall be opened at a time and place
38designated in the solicitation for bids and proposals. Evaluation
39of all criteria, other than cost, shall be completed prior to the time
40designated for public opening of cost proposals, and the results of
P253 1the completed evaluation shall be published immediately before
2the opening of cost proposals. The state’s contact person for
3
administration of the solicitation shall be identified in the
4solicitation for bids and proposals, and that person shall execute
5a certificate under penalty of perjury, which shall be made a
6permanent part of the official contract file, that all cost proposals
7received by the state have been maintained sealed and under lock
8and key until the time cost proposals are opened.
9(b) The acquisition of hardware acquired independently of a
10system integration project may be made on the basis of lowest cost
11meeting all other specifications.
12(c) The 5 percent small business preference provided for in
13Chapter 6.5 (commencing with Section 14835) of Part 5.5 of
14Division 3 of Title 2 of the Government Code and the regulations
15implementing that chapter shall be accorded to all qualifying small
16businesses.
17(d) For all transactions
formally advertised, evaluation of
18bidders’ proposals for the purpose of determining contract award
19for information technology goods shall provide for consideration
20of a bidder’s best financing alternatives, including lease or purchase
21alternatives, if any bidder so requests, not less than 30 days prior
22to the date of final bid submission, unless the acquiring agency
23can prove to the satisfaction of the Department of General Services
24that a particular financing alternative should not be so considered.
25(e) Acquisition authority may be delegated by the Director of
26General Services to any state agency that has been determined by
27the Department of General Services to be capable of effective use
28of that authority. This authority may be limited by the Department
29of General Services. Acquisitions conducted under delegated
30authority shall be reviewed by the Department of General Services
31on a selective basis.
32(f) To the extent practical, the solicitation documents shall
33provide for a contract to be written to enable acquisition of
34additional items to avoid essentially redundant acquisition
35processes when it can be determined that it is economical to do
36so.
37(g) Protest procedures shall be developed to provide bidders an
38opportunity to protest any formal, competitive acquisition
39conducted in accordance with this chapter. The procedures shall
40provide that protests must be filed no later than five working days
P254 1after the issuance of an intent to award. Authority to protest may
2be limited to participating bidders. The Director of Technology,
3or a person designated by the director, may consider and decide
4on initial protests of bids for information technology projects
5conducted by the Department of Technology and
6telecommunications procurement made pursuant to Section 12120.
7The Director of the
Department of General Services, or a person
8designated by the director, may consider and decide on initial
9protests of all other information technology acquisitions. A decision
10regarding an initial protest shall be final. If prior to the last day to
11protest, any bidder who has submitted an offer files a protest with
12the department against the awarding of the contract on the ground
13that his or her bid or proposal should have been selected in
14accordance with the selection criteria in the solicitation document,
15the contract shall not be awarded until either the protest has been
16withdrawn or thebegin delete California Victim Compensation and Government begin insert Department of General Servicesend insert has made a final
17Claims Boardend delete
18decision as to the action to be taken relating to the protest. Within
1910 calendar days after filing a protest, the protesting
bidder shall
20file with thebegin delete Victim Compensation and Government Claims Boardend delete
21begin insert Department of General Servicesend insert a full and complete written
22statement specifying in detail the grounds of the protest and the
23facts in support thereof.
24(h) Consistent with the procedures established and administered
25by the Department of General Services, information technology
26goods that have been determined to be surplus to state needs shall
27be disposed of in a manner that will best serve the interests of the
28state. Procedures governing the disposal of surplus goods may
29include auction or transfer to local governmental entities.
30(i) A supplier may be excluded from bid processes if the
31supplier’s performance with
respect to a previously awarded
32contract has been unsatisfactory, as determined by the state in
33accordance with established procedures that shall be maintained
34in the State Administrative Manual. This exclusion may not exceed
3536 months for any one determination of unsatisfactory
36performance. Any supplier excluded in accordance with this section
37shall be reinstated as a qualified supplier at any time during this
3836-month period, upon demonstrating to the Department of General
39Services’ satisfaction that the problems that resulted in the
40supplier’s exclusion have been corrected.
begin insertSection 4116 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert
Any claim for damages arising against the state under
4Section 4114 or 4115 shall be presented to thebegin delete California Victim begin insert Department of
5Compensation and Government Claims Boardend delete
6General Servicesend insert in accordance with Part 3 (commencing with
7Section 900) and Part 4 (commencing with Section 940) of Division
83.6 of Title 1 of the Government Code and, if not covered by
9insurance, shall be payable only out of funds appropriated by the
10Legislature for that purpose. If the state has elected to acquire
11liability insurance, thebegin delete California Victim Compensation and begin insert
Department of General Servicesend insert may
12Government Claims Boardend delete
13automatically deny this claim.
begin insertSection 4602.6 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
15amended to read:end insert
(a) If a timber operator believes that a forest officer
17lacked reasonable cause to issue or extend a stop order pursuant
18to Section 4602.5, the timber operator may present a claim to the
19begin delete California Victim Compensation and Government Claims Boardend delete
20begin insert Department of General Servicesend insert pursuant to Part 3 (commencing
21with Section 900) of Division 3.6 of Title 1 of the Government
22Code for compensation and damages resulting from the stopping
23of timber operations.
24(b) If thebegin delete boardend deletebegin insert
Department of General Servicesend insert finds that the
25forest officer lacked reasonable cause to issue or extend the stop
26order, thebegin delete boardend deletebegin insert departmentend insert shall award a sum of not less than one
27hundred dollars ($100) nor more than one thousand dollars ($1,000)
28per day for each day the order was in effect.
begin insertSection 5093.68 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
30amended to read:end insert
(a) Within the boundaries of special treatment areas
32adjacent to wild, scenic, or recreational river segments, all of the
33following provisions shall apply, in addition to any other applicable
34provision under this chapter or generally, whether by statute or
35regulation:
36(1) A timber operator, whether licensed or not, is responsible
37for the actions of his or her employees. The registered professional
38forester who prepares and signs a timber harvesting plan, a timber
39management plan, or a notice of timber operations is responsible
P256 1for its contents, but is not responsible for the implementation or
2execution of the plan or notice unless employed for that purpose.
3(2) A registered professional forester preparing a timber
4harvesting plan shall certify that he or she or a qualified
5representative has personally inspected the plan area on the ground.
6(b) In order to temporarily suspend timber operations that are
7being conducted within special treatment areas adjacent to wild,
8scenic, or recreational rivers designated pursuant to Section
95093.54, while judicial remedies are pursued pursuant to this
10section, an inspecting forest officer of the Department of Forestry
11and Fire Protection may issue a written timber operations stop
12order if, upon reasonable cause, the officer determines that a timber
13operation is being conducted, or is about to be conducted, in
14violation of Chapter 8 (commencing with Section 4511) of Part 2
15of Division 4, or of rules and regulations adopted pursuant to those
16provisions, and that the violation or threatened violation would
17result in imminent and substantial damage to
soil, water, or timber
18resources or to fish and wildlife habitat. A stop order shall apply
19only to those acts or omissions that are the proximate cause of the
20violation or that are reasonably foreseen would be the proximate
21cause of a violation. The stop order shall be effective immediately
22and throughout the next day.
23(c) A supervising forest officer may, after an onsite
24investigation, extend a stop order issued pursuant to subdivision
25(b) for up to five days, excluding Saturday and Sunday, if the forest
26officer finds that the original stop order was issued upon reasonable
27cause. A stop order shall not be issued or extended for the same
28act or omission more than one time.
29(d) Each stop order shall identify the specific act or omission
30that constitutes a violation or that, if foreseen, would constitute a
31violation, the specific timber operation that is to be stopped, and
32any
corrective or mitigative actions that may be required.
33(e) The Department of Forestry and Fire Protection may
34terminate the stop order if the timber operator enters into a written
35agreement with the department assuring that the timber operator
36will resume operations in compliance with the provisions of
37Chapter 8 (commencing with Section 4511) of Part 2 of Division
384, and with the rules and regulations adopted pursuant to those
39provisions, and will correct any violation. The department may
P257 1require a reasonable cash deposit or bond payable to the department
2as a condition of compliance with the agreement.
3(f) Notice of the issuance of a stop order or an extension of a
4stop order shall be deemed to have been made to all persons
5working on the timber operation when a copy of the written order
6is delivered to the person in charge of operations at the time that
7the order is issued or,
if no persons are present at that time, by
8posting a copy of the order conspicuously on the yarder or log
9loading equipment at a currently active landing on the timber
10operations site. If no person is present at the site when the order
11is issued, the issuing forest officer shall deliver a copy of the order
12to the timber operator either in person or to the operator’s address
13of record prior to the commencement of the next working day.
14(g) As used in this section, “forest officer” means a registered
15professional forester employed by the Department of Forestry and
16Fire Protection in a civil service classification of forester II or
17higher grade.
18(h) (1) Failure of the timber operator or an employee of the
19timber operator, after receiving notice pursuant to this section, to
20comply with a validly issued stop order is a violation of this section
21and is a misdemeanor
punishable by a fine of not less than five
22hundred dollars ($500), or by imprisonment for not more than one
23year in the county jail, or both. The person shall also be subject to
24civil damages to the state not to exceed ten thousand dollars
25($10,000) for each misdemeanor violation. However, in all cases,
26the timber operator, and not an employee of the operator or any
27other person, shall be charged with that violation. Each day or
28portion thereof that the violation continues shall constitute a new
29and separate offense.
30(2) In determining the penalty for a timber operator guilty of
31violating a validly issued stop order, the court shall take into
32consideration all relevant circumstances, including, but not limited
33to, the following:
34(A) The extent of harm to soil, water, or timber resources or to
35fish and wildlife habitat.
36(B) Corrective action, if any, taken by the defendant.
37(i) Nothing in this section prevents a timber operator from
38seeking an alternative writ as prescribed in Chapter 2 (commencing
39with Section 1084) of Title 1 of Part 3 of the Code of Civil
40Procedure, or as provided by any other provision of law.
P258 1(j) (1) If a timber operator believes that a forest officer lacked
2reasonable cause to issue or extend a stop order pursuant to this
3section, the timber operator may present a claim to thebegin delete Victim begin insert Department of
4Compensation and Government Claims Boardend delete
5General Servicesend insert pursuant to Part 3 (commencing with Section
6900) of Division 3.6 of Title 1 of the Government Code
for
7compensation and damages resulting from the stopping of timber
8operations.
9(2) If thebegin delete Victim Compensation and Government Claims Boardend delete
10begin insert Department of General Servicesend insert finds that the forest officer lacked
11reasonable cause to issue or extend the stop order, the board shall
12award a sum of not less than one hundred dollars ($100), nor more
13than one thousand dollars ($1,000), per day for each day the order
14was in effect.
begin insertChapter 6.7 (commencing with Section 21189.50)
16is added to Division 13 of the end insertbegin insertPublic Resources Codeend insertbegin insert, to read:end insert
17
As used in this chapter, “capitol building annex
22project” means any work of construction of a state capitol building
23annex or restoration, rehabilitation, renovation, or reconstruction
24of the State Capitol Building Annex described in Section 9105 of
25the Government Code that is performed pursuant to Article 5.2
26(commencing with Section 9112) of Chapter 1.5 of Part 1 of
27Division 2 of Title 2 of the Government Code.
On or before July 1, 2017, the Judicial Council shall
29adopt a rule of court to establish procedures applicable to actions
30or proceedings brought to attack, review, set aside, void, or annul
31the certification of the environmental impact report for a capitol
32building annex project or the granting of any project approvals
33that require the actions or proceedings, including any potential
34appeals therefrom, be resolved, to the extent feasible, within 270
35days of certification of the record of proceedings pursuant to
36Section 21189.52.
(a) The lead agency shall prepare and certify the
38record of the proceedings in accordance with this section and in
39accordance with Rule 3.1365 of the California Rules of Court.
P259 1
(b) No later than three business days following the date of the
2release of the draft environmental impact report, the lead agency
3shall make available to the public in a readily accessible electronic
4format the draft environmental impact report and all other
5documents submitted to or relied on by the lead agency in the
6preparation of the draft environmental impact report. A document
7prepared by the lead agency after the date of the release of the
8draft environmental impact report that is a part of
the record of
9the proceedings shall be made available to the public in a readily
10accessible electronic format within five business days after the
11document is prepared or received by the lead agency.
12
(c) Notwithstanding subdivision (b), documents submitted to or
13relied on by the lead agency that were not prepared specifically
14for the capitol building annex project and are copyright protected
15are not required to be made readily accessible in an electronic
16format. For those copyright protected documents, the lead agency
17shall make an index of these documents available in an electronic
18format no later than the date of the release of the draft
19environmental impact report, or within five business days if the
20document is received or relied on by the lead agency after the
21release of the draft environmental impact report. The index must
22specify the libraries or lead agency offices in
which hard copies
23of the copyrighted materials are available for public review.
24
(d) The lead agency shall encourage written comments on the
25capitol building annex project to be submitted in a readily
26accessible electronic format, and shall make any such comment
27available to the public in a readily accessible electronic format
28within five days of its receipt.
29
(e) Within seven business days after the receipt of any comment
30that is not in an electronic format, the lead agency shall convert
31that comment into a readily accessible electronic format and make
32it available to the public in that format.
33
(f) The lead agency shall
indicate in the record of the
34proceedings comments received that were not considered by the
35lead agency pursuant to subdivision (d) of Section 21189.55 and
36need not include the content of the comments as a part of the
37record.
38
(g) Within five days after the filing of the notice required by
39subdivision (a) of Section 21152, the lead agency shall certify the
40record of the proceedings for the approval or determination and
P260 1shall provide an electronic copy of the record to a party that has
2submitted a written request for a copy. The lead agency may charge
3and collect a reasonable fee from a party requesting a copy of the
4record for the electronic copy, which shall not exceed the
5reasonable cost of reproducing that copy.
6
(h) Within 10 days after being served
with a complaint or a
7petition for a writ of mandate, the lead agency shall lodge a copy
8of the certified record of proceedings with the superior court.
9
(i) Any dispute over the content of the record of the proceedings
10shall be resolved by the superior court. Unless the superior court
11directs otherwise, a party disputing the content of the record shall
12file a motion to augment the record at the time it files its initial
13brief.
14
(j) The contents of the record of proceedings shall be as set
15forth in subdivision (e) of Section 21167.6.
(a) In granting relief in an action or proceeding
17brought pursuant to this chapter, the court shall not enjoin the
18capitol building annex project unless the court finds either of the
19following:
20
(1) The continuation of the capitol building annex project
21presents an imminent threat to the public health and safety.
22
(2) The capitol building annex project site contains unforeseen
23important Native American artifacts or unforeseen important
24historical, archaeological, or ecological values that would be
25materially, permanently, and adversely affected
by the continuation
26of the capitol building annex project unless the court stays or
27enjoins the capitol building annex project.
28
(b) If the court finds that either paragraph (1) or (2) of
29subdivision (a) is satisfied, the court shall only enjoin those specific
30activities associated with the capitol building annex project that
31present an imminent threat to public health and safety or that
32materially, permanently, and adversely affect unforeseen important
33Native American artifacts or unforeseen important historical,
34archaeological, or ecological values.
(a) The draft and final environmental impact report
36shall include a notice in not less than 12-point type stating the
37following:
38
THIS EIR IS SUBJECT TO CHAPTER 6.7 (COMMENCING
39WITH SECTION 21189.50) OF DIVISION 13 OF THE PUBLIC
40RESOURCES CODE, WHICH PROVIDES, AMONG OTHER
P261 1THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER
2CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE
3PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY
4JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF
5THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED
6IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH
7IN SECTIONS 21189.51 TO 21189.53, INCLUSIVE, OF THE
8PUBLIC RESOURCES CODE. A COPY OF CHAPTER 6.7
9(COMMENCING WITH SECTION 21189.50) OF DIVISION
13
10OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE
11APPENDIX TO THIS EIR.
12
(b) The draft environmental impact report and final
13environmental impact report shall contain, as an appendix, the
14full text of this chapter.
(a) Within 10 days after the release of the draft
16environmental impact report, the lead agency shall conduct an
17informational workshop to inform the public of the key analyses
18and conclusions of that report.
19
(b) Within 10 days before the close of the public comment
20period, the lead agency shall hold a public hearing to receive
21testimony on the draft environmental impact report. A transcript
22of the hearing shall be included as an appendix to the final
23environmental impact report.
24
(c) (1) Within five days following the close
of the public
25comment period, a commenter on the draft environmental impact
26report may submit to the lead agency a written request for
27nonbinding mediation. The lead agency shall participate in
28nonbinding mediation with all commenters who submitted timely
29comments on the draft environmental impact report and who
30requested the mediation. Mediation conducted pursuant to this
31paragraph shall end no later than 35 days after the close of the
32public comment period.
33
(2) A request for mediation shall identify all areas of dispute
34raised in the comment submitted by the commenter that are to be
35mediated.
36
(3) The lead agency shall select one or more mediators who
37shall be retired judges or recognized experts with at least five
38years experience in land use and
environmental law or science,
39or mediation.
P262 1
(4) A mediation session shall be conducted on each area of
2dispute with the parties requesting mediation on that area of
3dispute.
4
(5) The lead agency shall adopt, as a condition of approval,
5any measures agreed upon by the lead agency and any commenter
6who requested mediation. A commenter who agrees to a measure
7pursuant to this subparagraph shall not raise the issue addressed
8by that measure as a basis for an action or proceeding challenging
9the lead agency’s decision to certify the environmental impact
10report or to grant one or more initial project approvals.
11
(d) The lead
agency need not consider written comments
12submitted after the close of the public comment period, unless
13those comments address any of the following:
14
(1) New issues raised in the response to comments by the lead
15agency.
16
(2) New information released by the public agency subsequent
17to the release of the draft environmental impact report, such as
18new information set forth or embodied in a staff report, proposed
19permit, proposed resolution, ordinance, or similar documents.
20
(3) Changes made to the project after the close of the public
21comment period.
22
(4) Proposed conditions for approval, mitigation measures, or
23proposed findings required by Section 21081 or a proposed
24reporting and monitoring program required by paragraph (1) of
25subdivision (a) of Section 21081.6, where the lead agency releases
26those documents subsequent to the release of the draft
27environmental impact report.
28
(5) New information that was not reasonably known and could
29not have been reasonably known during the public comment period.
The provisions of this chapter are severable. If any
31provision of this chapter or its application is held to be invalid,
32that invalidity shall not affect any other provision or application
33that can be given effect without the invalid provision or application.
Except as otherwise provided expressly in this
35chapter, nothing in this chapter affects the duty of any party to
36comply with this division.
begin insertSection 30171.2 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
38amended to read:end insert
(a) Except as provided in subdivision (b), on and
40after January 1, 1985, no agricultural conversion fees may be levied
P263 1or collected under the agricultural subsidy program provided in
2the local coastal program of the City of Carlsbad that was adopted
3and certified pursuant to Section 30171. All other provisions of
4that program shall continue to be operative, including the right to
5develop designated areas as provided in the program.
6(b) This section shall not affect any right or obligation under
7any agreement or contract entered into prior to January 1, 1985,
8pursuant to that agricultural subsidy program, including the
9payment of any fees and the right of development in accordance
10with the provisions of the agreement or
contract. As to these
11properties, the agricultural subsidy fees in existence as of December
1231, 1984, shall be paid and allocated within the City of Carlsbad,
13or on projects outside the city that benefit agricultural programs
14within the city, in accordance with the provisions of the agricultural
15subsidy program as it existed on September 30, 1984.
16(c) Any agricultural conversion fees collected pursuant to the
17agricultural subsidy program and not deposited in the agricultural
18improvement fund in accordance with the local coastal program
19or that have not been expended in the form of agricultural subsidies
20assigned to landowners by the local coastal program land use policy
21plan on January 1, 1985, shall be used by thebegin delete California Victim begin insert
Department of
22Compensation and Government Claims Boardend delete
23General Servicesend insert to reimburse the party that paid the fees if no
24agreements or contracts have been entered into or to the original
25parties to the agreements or contracts referred to in subdivision
26(b) in proportion to the amount of fees paid by the parties.
27However, if the property subject to the fee was under option at the
28time that the original agreement or contract was entered into and
29the optionee was a party to the agricultural subsidy agreement,
30payments allocable to that property shall be paid to the optionee
31in the event the optionee has exercised the option. Reimbursements
32under this section shall be paid within 90 days after January 1,
331985, or payment of the fee, whichever occurs later, and only after
34waiver by the party being reimbursed of any potential legal rights
35resulting from enactment of this section.
36(d) (1) Any person entitled to reimbursement of
fees under
37subdivision (c) shall file a claim with thebegin delete California Victim begin insert
Department of
38Compensation and Government Claims Board,end delete
39General Services,end insert which shall determine the validity of the claim
40and pay that person a pro rata share based on the relative amounts
P264 1of fees paid under the local coastal program or any agreement or
2contract entered pursuant thereto.
3(2) There is hereby appropriated to thebegin delete California Victim begin insert Department of
4Compensation and Government Claims Boardend delete
5General Servicesend insert the fees referred to in subdivision (c), for the
6purpose of making refunds under this section.
7(e) Notwithstanding any geographical limitation contained in
8this division, funds deposited pursuant to subdivision (b) may be
9expended for physical or institutional development
improvements
10needed to facilitate long-term agricultural production within the
11City of Carlsbad. These funds may be used to construct
12improvements outside the coastal zone boundaries in San Diego
13County if the improvements are not inconsistent with the Carlsbad
14local coastal program and the State Coastal Conservancy
15determines that the improvements will benefit agricultural
16production within the coastal zone of the City of Carlsbad.
begin insertSection 17059.2 of the end insertbegin insertRevenue and Taxation Codeend insert
18
begin insert is amended to read:end insert
(a) (1) For each taxable year beginning on and after
20January 1, 2014, and before January 1, 2025, there shall be allowed
21as a credit against the “net tax,” as defined in Section 17039, an
22amount as determined by the committee pursuant to paragraph (2)
23and approved pursuant to Section 18410.2.
24(2) The credit under this section shall be allocated by GO-Biz
25with respect to the 2013-14 fiscal year through and including the
262017-18 fiscal year. The amount of credit allocated to a taxpayer
27with respect to a fiscal year pursuant to this section shall be as set
28forth in a written agreement between GO-Biz and the taxpayer and
29shall be based on the following factors:
30(A) The number of
jobs the taxpayer will create or retain in this
31state.
32(B) The compensation paid or proposed to be paid by the
33taxpayer to its employees, including wages and fringe benefits.
34(C) The amount of investment in this state by the taxpayer.
35(D) The extent of unemployment or poverty in the area
36according to the United States Census in which the taxpayer’s
37project or business is proposed or located.
38(E) The incentives available to the taxpayer in this state,
39including incentives from the state, local government, and other
40entities.
P265 1(F) The incentives available to the taxpayer in other states.
2(G) The duration of the proposed project
and the duration the
3taxpayer commits to remain in this state.
4(H) The overall economic impact in this state of the taxpayer’s
5project or business.
6(I) The strategic importance of the taxpayer’s project or business
7to the state, region, or locality.
8(J) The opportunity for future growth and expansion in this state
9by the taxpayer’s business.
10(K) The extent to which the anticipated benefit to the state
11exceeds the projected benefit to the taxpayer from the tax credit.
12(3) The written agreement entered into pursuant to paragraph
13(2) shall include:
14(A) Terms and conditions that include the taxable year or years
15for which the
credit allocated shall be allowed, a minimum
16compensation level, and a minimum job retention period.
17(B) Provisions indicating whether the credit is to be allocated
18in full upon approval or in increments based on mutually agreed
19upon milestones when satisfactorily met by the taxpayer.
20(C) Provisions that allow the committee to recapture the credit,
21in whole or in part, if the taxpayer fails to fulfill the terms and
22conditions of the written agreement.
23(b) For purposes of this section:
24(1) “Committee” means the California Competes Tax Credit
25Committee established pursuant to Section 18410.2.
26(2) “GO-Biz” means the Governor’s Office of Business and
27Economic Development.
28(c) For purposes of this section, GO-Biz shall do the following:
29(1) Give priority to a taxpayer whose project or business is
30located or proposed to be located in an area of high unemployment
31or poverty.
32(2) Negotiate with a taxpayer the terms and conditions of
33proposed written agreements that provide the credit allowed
34pursuant to this section to a taxpayer.
35(3) Provide the negotiated written agreement to the committee
36for its approval pursuant to Section 18410.2.
37(4) Inform the Franchise Tax Board of the terms and conditions
38of the written agreement upon approval of the written agreement
39by the committee.
P266 1(5) Inform the
Franchise Tax Board of any recapture, in whole
2or in part, of a previously allocated credit upon approval of the
3recapture by the committee.
4(6) Post on its Internet Web site all of the following:
5(A) The name of each taxpayer allocated a credit pursuant to
6this section.
7(B) The estimated amount of the investment by each taxpayer.
8(C) The estimated number of jobs created or retained.
9(D) The amount of the credit allocated to the taxpayer.
10(E) The amount of the credit recaptured from the taxpayer, if
11applicable.
12
(7) When determining whether to enter into a written agreement
13with a taxpayer pursuant to this section, GO-Biz may consider
14other factors, including, but not limited to, the following:
15
(A) The financial solvency of the taxpayer and the taxpayer’s
16ability to finance its proposed expansion.
17
(B) The taxpayer’s current and prior compliance with federal
18and state laws.
19
(C) Current and prior litigation involving the taxpayer.
20
(D) The reasonableness of the fee arrangement between the
21taxpayer and any third party providing any services related to the
22credit allowed pursuant to this section.
23
(E) Any other factors GO-Biz deems necessary to
ensure that
24the administration of the credit allowed pursuant to this section
25is a model of accountability and transparency and that the effective
26use of the limited amount of credit available is maximized.
27(d) For purposes of this section, the Franchise Tax Board shall
28do all of the following:
29(1) (A) Except as provided in subparagraph (B), review the
30books and records of all taxpayers allocated a credit pursuant to
31this section to ensure compliance with the terms and conditions
32of the written agreement between the taxpayer and GO-Biz.
33(B) In the case of a taxpayer that is a “small business,” as
34defined in Section 17053.73, review the books and records of the
35taxpayer allocated a credit pursuant to this section to ensure
36compliance with the terms and conditions of the
written agreement
37between the taxpayer and GO-Biz when, in the sole discretion of
38the Franchise Tax Board, a review of those books and records is
39appropriate or necessary in the best interests of the state.
40(2) Notwithstanding Section 19542:
P267 1(A) Notify GO-Biz of a possible breach of the written agreement
2by a taxpayer and provide detailed information regarding the basis
3for that determination.
4(B) Provide information to GO-Biz with respect to whether a
5taxpayer is a “small business,” as defined in Section 17053.73.
6(e) In the case where the credit allowed under this section
7exceeds the “net tax,” as defined in Section 17039, for a taxable
8year, the excess credit may be carried over to reduce the “net tax”
9in the following taxable year, and succeeding
five taxable years,
10if necessary, until the credit has been exhausted.
11(f) Any recapture, in whole or in part, of a credit approved by
12the committee pursuant to Section 18410.2 shall be treated as a
13mathematical error appearing on the return. Any amount of tax
14resulting from that recapture shall be assessed by the Franchise
15Tax Board in the same manner as provided by Section 19051. The
16amount of tax resulting from the recapture shall be added to the
17tax otherwise due by the taxpayer for the taxable year in which
18the committee’s recapture determination occurred.
19(g) (1) The aggregate amount of credit that may be allocated
20in any fiscal year pursuant to this section and Section 23689 shall
21be an amount equal to the sum of subparagraphs (A), (B), and (C),
22less the amount specified in subparagraphs (D) and (E):
23(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
24year, one hundred fifty million dollars ($150,000,000) for the
252014-15 fiscal year, and two hundred million dollars
26($200,000,000) for each fiscal year from 2015-16 to 2017-18,
27inclusive.
28(B) The unallocated credit amount, if any, from the preceding
29fiscal year.
30(C) The amount of any previously allocated credits that have
31been recaptured.
32(D) The amount estimated by the Director of Finance, in
33consultation with the Franchise Tax Board and the State Board of
34Equalization, to be necessary to limit the aggregation of the
35estimated amount of exemptions claimed pursuant to Section
366377.1 and of the amounts estimated to be claimed pursuant to
37this section and Sections 17053.73, 23626, and 23689 to no more
38than seven hundred fifty million dollars
($750,000,000) for either
39the current fiscal year or the next fiscal year.
P268 1(i) The Director of Finance shall notify the Chairperson of the
2Joint Legislative Budget Committee of the estimated annual
3allocation authorized by this paragraph. Any allocation pursuant
4to these provisions shall be made no sooner than 30 days after
5written notification has been provided to the Chairperson of the
6Joint Legislative Budget Committee and the chairpersons of the
7committees of each house of the Legislature that consider
8appropriation, or not sooner than whatever lesser time the
9Chairperson of the Joint Legislative Budget Committee, or his or
10her designee, may determine.
11(ii) In no event shall the amount estimated in this subparagraph
12be less than zero dollars ($0).
13(E) (i) For the 2015-16 fiscal year and each
fiscal year
14thereafter, the amount of credit estimated by the Director of Finance
15to be allowed to all qualified taxpayers for that fiscal year pursuant
16to subparagraph (A) or subparagraph (B) of paragraph (1) of
17subdivision (c) of Section 23636.
18(ii) If the amount available per fiscal year pursuant to this section
19and Section 23689 is less than the aggregate amount of credit
20estimated by the Director of Finance to be allowed to qualified
21taxpayers pursuant to subparagraph (A) or subparagraph (B) of
22paragraph (1) of subdivision (c) of Section 23636, the aggregate
23amount allowed pursuant to Section 23636 shall not be reduced
24and, in addition to the reduction required by clause (i), the
25aggregate amount of credit that may be allocated pursuant to this
26section and Section 23689 for the next fiscal year shall be reduced
27by the amount of that deficit.
28(iii) It is the intent of the
Legislature that the reductions specified
29in this subparagraph of the aggregate amount of credit that may
30be allocated pursuant to this section and Section 23689 shall
31continue if the repeal dates of the credits allowed by this section
32and Section 23689 are removed or extended.
33(2) (A) In addition to the other amounts determined pursuant
34to paragraph (1), the Director of Finance may increase the
35aggregate amount of credit that may be allocated pursuant to this
36section and Section 23689 by up to twenty-five million dollars
37($25,000,000) per fiscal year through the 2017-18 fiscal year. The
38amount of any increase made pursuant to this paragraph, when
39combined with any increase made pursuant to paragraph (2) of
40subdivision (g) of Section 23689, shall not exceed twenty-five
P269 1million dollars ($25,000,000) per fiscal year through the 2017-18
2fiscal year.
3(B) It is
the intent of the Legislature that the Director of Finance
4increase the aggregate amount under subparagraph (A) in order to
5mitigate the reduction of the amount available due to the credit
6allowed to all qualified taxpayers pursuant to subparagraph (A) or
7(B) of paragraph (1) of subdivision (c) of Section 23636.
8(3) Each fiscal year, 25 percent of the aggregate amount of the
9credit that may be allocated pursuant to this section and Section
1023689 shall be reserved for small business, as defined in Section
1117053.73 or 23626.
12(4) Each fiscal year, no more than 20 percent of the aggregate
13amount of the credit that may be allocated pursuant to this section
14shall be allocated to any one taxpayer.
15(h) GO-Biz may prescribe rules and regulations as necessary to
16carry out the purposes of this section. Any rule or regulation
17
prescribed pursuant to this section may be by adoption of an
18emergency regulation in accordance with Chapter 3.5 (commencing
19with Section 11340) of Part 1 of Division 3 of Title 2 of the
20Government Code.
21(i) A written agreement between GO-Biz and a taxpayer with
22respect to the credit authorized by this section shall comply with
23existing law on the date the agreement is executed.
24(j) (1) Upon the effective date of this section, the Department
25of Finance shall estimate the total dollar amount of credits that
26will be claimed under this section with respect to each fiscal year
27from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
28(2) The Franchise Tax Board shall annually provide to the Joint
29Legislative Budget Committee, by no later than March 1, a report
30of the total dollar amount of
the credits claimed under this section
31with respect to the relevant fiscal year. The report shall compare
32the total dollar amount of credits claimed under this section with
33respect to that fiscal year with the department’s estimate with
34respect to that same fiscal year. If the total dollar amount of credits
35claimed for the fiscal year is less than the estimate for that fiscal
36year, the report shall identify options for increasing annual claims
37of the credit so as to meet estimated amounts.
38(k) This section is repealed on December 1, 2025.
begin insertSection 23636 of the end insertbegin insertRevenue and Taxation Codeend insert
40
begin insert is amended to read:end insert
(a) For each taxable year beginning on or after January
21,begin delete 2015,end deletebegin insert 2016,end insert and before January 1,begin delete 2030,end deletebegin insert 2031,end insert a qualified
3taxpayer shall be allowed a credit against the “tax,” as defined in
4Section 23036, in an amount equal to 171⁄2 percent of qualified
5wages paid or incurred by the qualified taxpayer during the taxable
6year to qualified full-time
employees, subject to the limitations
7under subdivision (c).
8(b) For purposes of this section:
9(1) “Annual full-time equivalent” means either of the following:
10(A) In the case of a qualified full-time employee paid hourly
11qualified wages, “annual full-time equivalent” means the total
12number of hours worked for the qualified taxpayer by the qualified
13full-time employee, not to exceed 2,000 hours per employee,
14divided by 2,000.
15(B) In the case of a salaried qualified full-time employee,
16“annual full-time equivalent” means the total number of weeks
17worked for the qualified taxpayer by the qualified employee
18divided by 52.
19(2) “Qualified full-time employee” means an individual that is
20employed
in this state by the qualified taxpayer and satisfies both
21of the following:
22(A) The individual’s services for the qualified taxpayer are
23performed in this state and are at least 80 percent directly related
24to the qualified taxpayer’s prime contract or subcontract to design,
25test, manufacture property, or otherwise support production of
26property for ultimate use in or as a component of a new advanced
27strategic aircraft for the United States Air Force.
28(B) The individual is paid compensation from the qualified
29taxpayer that satisfies either of the following conditions:
30(i) Is paid qualified wages by the qualified taxpayer for services
31not less than an average of 35 hours per week.
32(ii) Is paid a salary by the qualified taxpayer as compensation
33during the
taxable year for full-time employment, within the
34meaning of Section 515 of the Labor Code.
35(3) “Qualified taxpayer” means any taxpayer that is either a
36prime contractor awarded a prime contract or a major first-tier
37subcontractor awarded a subcontract to manufacture property for
38ultimate use in or as a component of a new advanced strategic
39aircraft for the United States Air Force. For purposes of this
40paragraph, the term “prime contractor” means a contractor that
P271 1was awarded a prime contract for the manufacturing of a new
2advanced strategic aircraft for the United States Air Force. For
3purposes of this paragraph, the term “major first-tier subcontractor”
4means a subcontractor that was awarded a subcontract in an amount
5of at least 35 percent of the amount of the initial prime contract
6awarded for the manufacturing of a new advanced strategic aircraft
7for the United States Air Force.
8(4) “Qualified wages” means wages paid or incurred by the
9qualified taxpayer during the taxable year with respect to qualified
10full-time employees that are direct labor costs, within the meaning
11of Section 263A of the Internal Revenue Code, relating to
12capitalization and inclusion in inventory costs of certain expenses,
13allocable to property manufactured in this state by the qualified
14taxpayer for ultimate use in or as a component of a new advanced
15strategic aircraft for the United States Air Force.
16(5) “New advanced strategic aircraft for the United States Air
17Force” means a new advanced strategic aircraft developed and
18produced for the United States Air Force under the New Advanced
19Strategic Aircraft Program.
20(6) “New Advanced Strategic Aircraft Program” means the
21project to design, test, manufacture, or otherwise support
22production of a new advanced strategic
aircraft for the United
23States Air Force under a contract that is expected to be awarded
24in the first or second calendar quarter of 2015. “New Advanced
25Strategic Aircraft Program” does not include any contract awarded
26prior to August 1, 2014, and does not include a program to upgrade,
27modernize, sustain, or otherwise modify a current United States
28Air Force bomber program, including, but not limited to, the B-52,
29B-1, or B-2 programs.
30(7) “Total annual full-time equivalents” means the number of
31a qualified taxpayer’s qualified full-time employees computed on
32an annual full-time equivalent basis for the taxable year.
33(c) (1) The total aggregate amount of the credit that may be
34allowed to all qualified taxpayers pursuant to this section shall be
35as follows:
36(A) In years one through five of the
credit, the total aggregate
37amount of the credit that may be allowed to all qualified taxpayers
38pursuant to this section shall not exceed twenty- five million dollars
39($25,000,000) per calendar year.
P272 1(B) In years 6 through 10 of the credit, the total aggregate
2amount of the credit that may be allowed to all qualified taxpayers
3pursuant to this section shall not exceed twenty-eight million
4dollars ($28,000,000) per calendar year.
5(C) In years 11 through 15 of the credit, the total aggregate
6amount of the credit that may be allowed to all qualified taxpayers
7pursuant to this section shall not exceed thirty-one million dollars
8($31,000,000) per calendar year.
9(2) The aggregate number of total annual full-time equivalents
10of all qualified taxpayers with respect to which a credit amount
11may be allowed under this section
for a calendar year shall not
12exceed 1,100.
13(3) (A) The Franchise Tax Board shall allocate the credit to the
14qualified taxpayers on a first-come-first-served basis, determined
15by the date the qualified taxpayer’s timely filed original tax return
16is received by the Franchise Tax Board. If the returns of two or
17more qualified taxpayers are received on the same day and the
18amount of credit remaining to be allocated is insufficient to be
19allocated fully to each, the credit remaining shall be allocated to
20those qualified taxpayers on a pro rata basis.
21(B) For purposes of this paragraph, the date a return is received
22shall be determined by the Franchise Tax Board. The determination
23of the Franchise Tax Board as to the date a return is received and
24whether a return has been timely filed for purposes of this
25paragraph may not be reviewed in any administrative or
judicial
26proceeding.
27(C) Any disallowance of a credit claimed due to the limitations
28specified in this subdivision shall be treated as a mathematical
29error appearing on the return. Any amount of tax resulting from
30that disallowance may be assessed by the Franchise Tax Board in
31the same manner as provided in Section 19051.
32(4) The credit allowed under this section must be claimed on a
33timely filed original return.
34(d) In the case where the credit allowed by this section exceeds
35the “tax,” the excess may be carried over to reduce the “tax” in
36the following year, and the seven succeeding years if necessary,
37until the credit is exhausted.
38(e) A credit shall not be allowed unless the credit was reflected
39within the bid upon which the qualified taxpayer’s
prime contract
40or subcontract to manufacture property for ultimate use in or as a
P273 1component of a New Advanced Strategic Aircraft Program is based
2by reducing the amount of the bid by a good faith estimate of the
3amount of the credit allowable under this section.
4(f) All references to the credit and ultimate cost reductions
5incorporated into any successful bid that was awarded a prime
6contract or subcontract and for which a qualified taxpayer is
7making a claim shall be made available to the Franchise Tax Board
8upon request.
9(g) If the qualified taxpayer is allowed a credit pursuant to this
10section for qualified wages paid or incurred, only one credit shall
11be allowed to the taxpayer under this part with respect to any wage
12consisting in whole or in part of those qualified wages.
13(h) (1) The
Franchise Tax Board may prescribe regulations
14necessary or appropriate to carry out the purposes of this section.
15(2) The Franchise Tax Board may also prescribe rules,
16guidelines, or procedures necessary or appropriate to carry out the
17purposes of this section. Chapter 3.5 (commencing with Section
1811340) of Part 1 of Division 3 of Title 2 of the Government Code
19shall not apply to any rule, guideline, or procedure prescribed by
20the Franchise Tax Board pursuant to this section.
21(i) This section shall remain in effect only until December 1,
22begin delete 2030,end deletebegin insert 2031,end insert and as of that date is repealed.
begin insertSection 23689 of the end insertbegin insertRevenue and Taxation Codeend insert
24
begin insert is amended to read:end insert
(a) (1) For each taxable year beginning on and after
26January 1, 2014, and before January 1, 2025, there shall be allowed
27as a credit against the “tax,” as defined in Section 23036, an amount
28as determined by the committee pursuant to paragraph (2) and
29approved pursuant to Section 18410.2.
30(2) The credit under this section shall be allocated by GO-Biz
31with respect to the 2013-14 fiscal year through and including the
322017-18 fiscal year. The amount of credit allocated to a taxpayer
33with respect to a fiscal year pursuant to this section shall be as set
34forth in a written agreement between GO-Biz and the taxpayer and
35shall be based on the following factors:
36(A) The number of jobs
the taxpayer will create or retain in this
37state.
38(B) The compensation paid or proposed to be paid by the
39taxpayer to its employees, including wages and fringe benefits.
40(C) The amount of investment in this state by the taxpayer.
P274 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.
P275 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
30is a 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 23626, review the books and records of the
40taxpayer allocated a credit pursuant to this section to ensure
P276 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 23626.
11(e) In the case where the credit allowed under this section
12exceeds the “tax,” as defined in Section 23036, for a taxable year,
13the excess credit may be carried over to reduce the “tax” in the
14following taxable year, and succeeding five taxable
years, if
15necessary, 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 17059.2 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
29year, 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
P277 16377.1 and of the amounts estimated to be claimed pursuant to
2this section and Sections 17053.73, 17059.2, and 23626 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 17059.2 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 17059.2 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 17059.2 shall
35continue if the repeal dates of the credits allowed by this section
36and Section 17059.2 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 17059.2 by up to twenty-five million dollars
P278 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 17059.2, 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
1417059.2 shall be reserved for “small business,” as defined in
15Section 17053.73 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) (1) A written agreement between GO-Biz and a taxpayer
26with respect to the credit authorized by this section shall not
27restrict, broaden, or otherwise alter the ability of the taxpayer to
28assign that credit or any portion thereof in accordance with Section
2923663.
30(2) A written agreement between GO-Biz and a taxpayer with
31respect to the credit authorized by this section must comply with
32existing law on the date the agreement is executed.
33(j) (1) Upon the effective date of this section, the Department
34of Finance shall estimate the total
dollar amount of credits that
35will be claimed under this section with respect to each fiscal year
36from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
37(2) The Franchise Tax Board shall annually provide to the Joint
38Legislative Budget Committee, by no later than March 1, a report
39of the total dollar amount of the credits claimed under this section
40with respect to the relevant fiscal year. The report shall compare
P279 1the total dollar amount of credits claimed under this section with
2respect to that fiscal year with the department’s estimate with
3respect to that same fiscal year. If the total dollar amount of credits
4claimed for the fiscal year is less than the estimate for that fiscal
5year, the report shall identify options for increasing annual claims
6of the credit so as to meet estimated amounts.
7(k) This section is repealed on December 1, 2025.
begin insertSection 30162 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
9amended to read:end insert
If the department is unable to collect any tolls due to
11insolvency of the obligor, or if the cost of collection of any tolls
12would be excessive by reason of the smallness of the amount due,
13the department may apply to thebegin delete California Victim Compensation begin insert Controllerend insert for discharge from
14and Government Claims Boardend delete
15accountability for the collection thereof in the manner provided
16in Sections 13940 to 13943, inclusive, of the Government Code.
begin insertSection 1095 of the end insertbegin insertUnemployment Insurance Codeend insert
18
begin insert is amended to read:end insert
The director shall permit the use of any information in
20his or her possession to the extent necessary for any of the
21following purposes and may require reimbursement for all direct
22costs incurred in providing any and all information specified in
23this section, except information specified in subdivisions (a) to
24(e), inclusive:
25(a) To enable the director or his or her representative to carry
26out his or her responsibilities under this code.
27(b) To properly present a claim for benefits.
28(c) To acquaint a worker or his or her authorized agent with his
29or her existing or prospective right to benefits.
30(d) To furnish an employer or his or her authorized agent with
31information to enable him or her to fully discharge his or her
32obligations or safeguard his or her rights under this division or
33Division 3 (commencing with Section 9000).
34(e) To enable an employer to receive a reduction in contribution
35rate.
36(f) To enable federal, state, or local governmental departments
37or agencies, subject to federal law, to verify or determine the
38eligibility or entitlement of an applicant for, or a recipient of, public
39social services provided pursuant to Division 9 (commencing with
40Section 10000) of the Welfare and Institutions Code, or Part A of
P280 1begin delete Titleend deletebegin insert Subchapterend insert IV of the federal Social
Security Act (42 U.S.C.
2Sec. 601 et seq.), when the verification or determination is directly
3connected with, and limited to, the administration of public social
4services.
5(g) To enable county administrators of general relief or
6assistance, or their representatives, to determine entitlement to
7locally provided general relief or assistance, when the
8determination is directly connected with, and limited to, the
9administration of general relief or assistance.
10(h) To enable state or local governmental departments or
11agencies to seek criminal, civil, or administrative remedies in
12connection with the unlawful application for, or receipt of, relief
13provided under Division 9 (commencing with Section 10000) of
14the Welfare and Institutions Code or to enable the collection of
15expenditures for medical assistance services pursuant to Part 5
16(commencing with Section 17000) of Division 9 of the
Welfare
17and Institutions Code.
18(i) To provide any law enforcement agency with the name,
19address, telephone number, birth date, social security number,
20physical description, and names and addresses of present and past
21employers, of any victim, suspect, missing person, potential
22witness, or person for whom a felony arrest warrant has been
23issued, when a request for this information is made by any
24investigator or peace officer as defined by Sections 830.1 and
25830.2 of the Penal Code, or by any federal law enforcement officer
26to whom the Attorney General has delegated authority to enforce
27federal search warrants, as defined under Sections 60.2 and 60.3
28of Title 28 of the Code of Federal Regulations, as amended, and
29when the requesting officer has been designated by the head of
30the law enforcement agency and requests this information in the
31course of and as a part of an investigation into the commission of
32a crime when there is a reasonable
suspicion that the crime is a
33felony and that the information would lead to relevant evidence.
34The information provided pursuant to this subdivision shall be
35provided to the extent permitted by federal law and regulations,
36and to the extent the information is available and accessible within
37the constraints and configurations of existing department records.
38Any person who receives any information under this subdivision
39shall make a written report of the information to the law
P281 1enforcement agency that employs him or her, for filing under the
2normal procedures of that agency.
3(1) This subdivision shall not be construed to authorize the
4release to any law enforcement agency of a general list identifying
5individuals applying for or receiving benefits.
6(2) The department shall maintain records pursuant to this
7subdivision only for periods required under regulations or statutes
8enacted
for the administration of its programs.
9(3) This subdivision shall not be construed as limiting the
10information provided to law enforcement agencies to that pertaining
11only to applicants for, or recipients of, benefits.
12(4) The department shall notify all applicants for benefits that
13release of confidential information from their records will not be
14protected should there be a felony arrest warrant issued against
15the applicant or in the event of an investigation by a law
16enforcement agency into the commission of a felony.
17(j) To provide public employee retirement systems in California
18with information relating to the earnings of any person who has
19applied for or is receiving a disability income, disability allowance,
20or disability retirement allowance, from a public employee
21retirement system. The earnings
information shall be released only
22upon written request from the governing board specifying that the
23person has applied for or is receiving a disability allowance or
24disability retirement allowance from its retirement system. The
25request may be made by the chief executive officer of the system
26or by an employee of the system so authorized and identified by
27name and title by the chief executive officer in writing.
28(k) To enable the Division of Labor Standards Enforcement in
29the Department of Industrial Relations to seek criminal, civil, or
30administrative remedies in connection with the failure to pay, or
31the unlawful payment of, wages pursuant to Chapter 1
32(commencing with Section 200) of Part 1 of Division 2 of, and
33Chapter 1 (commencing with Section 1720) of Part 7 of Division
342 of, the Labor Code.
35(l) To enable federal, state, or local governmental departments
36or agencies
to administer child support enforcement programs
37under Part D of Title IV of the federal Social Security Act (42
38U.S.C. Sec. 651 et seq.).
39(m) To provide federal, state, or local governmental departments
40or agencies with wage and claim information in its possession that
P282 1will assist those departments and agencies in the administration
2of the Victims of Crime Program or in the location of victims of
3crime who, by state mandate or court order, are entitled to
4restitution that has been or can be recovered.
5(n) To provide federal, state, or local governmental departments
6or agencies with information concerning any individuals who are
7or have been:
8(1) Directed by state mandate or court order to pay restitution,
9fines, penalties, assessments, or fees as a result of a violation of
10law.
11(2) Delinquent or in default on guaranteed student loans or who
12owe repayment of funds received through other financial assistance
13programs administered by those agencies. The information released
14by the director for the purposes of this paragraph shall not include
15unemployment insurance benefit information.
16(o) To provide an authorized governmental agency with any or
17all relevant information that relates to any specific workers’
18compensation insurance fraud investigation. The information shall
19be provided to the extent permitted by federal law and regulations.
20For the purposes of this subdivision, “authorized governmental
21agency” means the district attorney of any county, the office of
22the Attorney General, the Contractors’ State License Board, the
23Department of Industrial Relations, and the Department of
24Insurance. An authorized governmental agency may disclose this
25information to
the State Bar, the Medical Board of California, or
26any other licensing board or department whose licensee is the
27subject of a workers’ compensation insurance fraud investigation.
28This subdivision shall not prevent any authorized governmental
29agency from reporting to any board or department the suspected
30misconduct of any licensee of that body.
31(p) To enable the Director of Consumer Affairs, or his or her
32representatives, to access unemployment insurance quarterly wage
33data on a case-by-case basis to verify information on school
34administrators, school staff, and students provided by those schools
35who are being investigated for possible violations of Chapter 8
36(commencing with Section 94800) of Part 59 of Division 10 of
37Title 3 of the Education Code.
38(q) To provide employment tax information to the tax officials
39of Mexico, if a reciprocal agreement exists. For purposes of this
40
subdivision, “reciprocal agreement” means a formal agreement to
P283 1exchange information between national taxing officials of Mexico
2and taxing authorities of the State Board of Equalization, the
3Franchise Tax Board, and the Employment Development
4Department. Furthermore, the reciprocal agreement shall be limited
5to the exchange of information that is essential for tax
6administration purposes only. Taxing authorities of the State of
7California shall be granted tax information only on California
8residents. Taxing authorities of Mexico shall be granted tax
9information only on Mexican nationals.
10(r) To enable city and county planning agencies to develop
11economic forecasts for planning purposes. The information shall
12be limited to businesses within the jurisdiction of the city or county
13whose planning agency is requesting the information, and shall
14not include information regarding individual employees.
15(s) To provide the State Department of Developmental Services
16with wage and employer information that will assist in the
17collection of moneys owed by the recipient, parent, or any other
18legally liable individual for services and supports provided pursuant
19to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
20and Chapter 2 (commencing with Section 7200) and Chapter 3
21(commencing with Section 7500) of Division 7 of, the Welfare
22and Institutions Code.
23(t) To provide the State Board of Equalization with employment
24tax information that will assist in the administration of tax
25programs. The information shall be limited to the exchange of
26employment tax information essential for tax administration
27purposes to the extent permitted by federal law and regulations.
28(u) Nothing in this section shall be construed to authorize
or
29permit the use of information obtained in the administration of this
30code by any private collection agency.
31(v) The disclosure of the name and address of an individual or
32business entity that was issued an assessment that included
33penalties under Section 1128 or 1128.1 shall not be in violation
34of Section 1094 if the assessment is final. The disclosure may also
35include any of the following:
36(1) The total amount of the assessment.
37(2) The amount of the penalty imposed under Section 1128 or
381128.1 that is included in the assessment.
39(3) The facts that resulted in the charging of the penalty under
40Section 1128 or 1128.1.
P284 1(w) To enable the Contractors’ State License Board to verify
2the
employment history of an individual applying for licensure
3pursuant to Section 7068 of the Business and Professions Code.
4(x) To provide any peace officer with the Division of
5Investigation in the Department of Consumer Affairs information
6pursuant to subdivision (i) when the requesting peace officer has
7been designated by the chief of the Division of Investigation and
8requests this information in the course of and as part of an
9investigation into the commission of a crime or other unlawful act
10when there is reasonable suspicion to believe that the crime or act
11may be connected to the information requested and would lead to
12relevant information regarding the crime or unlawful act.
13(y) To enable the Labor Commissioner of the Division of Labor
14Standards Enforcement in the Department of Industrial Relations
15to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
16uninsured
employers. The information shall be provided to the
17extent permitted by federal law and regulations.
18(z) To enable the Chancellor of the California Community
19Colleges, in accordance with the requirements of Section 84754.5
20of the Education Code, to obtain quarterly wage data, commencing
21January 1, 1993, on students who have attended one or more
22community colleges, to assess the impact of education on the
23employment and earnings of students, to conduct the annual
24evaluation of district-level and individual college performance in
25achieving priority educational outcomes, and to submit the required
26reports to the Legislature and the Governor. The information shall
27be provided to the extent permitted by federal statutes and
28regulations.
29(aa) To enable the Public Employees’ Retirement System to
30seek criminal, civil, or administrative remedies in connection with
31the unlawful application
for, or receipt of, benefits provided under
32Part 3 (commencing with Section 20000) of Division 5 of Title 2
33of the Government Code.
34(ab) To enable the State Department of Education, the University
35of California, the California State University, and the Chancellor
36of the California Community Colleges, pursuant to the
37requirements prescribed by the federal American Recovery and
38Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
39wage data, commencing July 1, 2010, on students who have
40attended their respective systems to assess the impact of education
P285 1on the employment and earnings of those students, to conduct the
2annual analysis of district-level and individual district or
3postsecondary education system performance in achieving priority
4educational outcomes, and to submit the required reports to the
5Legislature and the Governor. The information shall be provided
6to the extent permitted by federal statutes and regulations.
7(ac) To provide the Agricultural Labor Relations Board with
8employee, wage, and employer information, for use in the
9investigation or enforcement of the
10Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
11Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
122 of the Labor Code). The information shall be provided to the
13extent permitted by federal statutes and regulations.
14(ad) (1) To enable the State Department of Health Care
15Services, the California Health Benefit Exchange, the Managed
16Risk Medical Insurance Board, and county departments and
17agencies to obtain information regarding employee wages,
18California employer names and account numbers, employer reports
19of wages and number of employees, and disability insurance and
20unemployment insurance claim information, for the purpose of:
21(A) Verifying or determining the eligibility of an applicant for,
22or a recipient of, state health subsidy programs, limited to the
23Medi-Cal program, provided pursuant to Chapter 7 (commencing
24with Section 14000) of Part 3 of Division 9 of the Welfare and
25Institutions Code, and the Access for Infants and Mothers Program,
26provided pursuant to Part 6.3 (commencing with Section 12695)
27of Division 2 of the Insurance Code, when the verification or
28determination is directly connected with, and limited to, the
29administration of the state health subsidy programs referenced in
30this subparagraph.
31(B) Verifying or determining the eligibility of an applicant for,
32or a recipient of, federal subsidies offered through the California
33Health Benefit Exchange, provided pursuant to Title 22
34(commencing with Section 100500) of the Government Code,
35including federal tax credits and cost-sharing assistance pursuant
36to the federal Patient Protection and
Affordable Care Act (Public
37Law 111-148), as amended by the federal Health Care and
38Education Reconciliation Act of 2010 (Public Law 111-152), when
39the verification or determination is directly connected with, and
P286 1limited to, the administration of the California Health Benefit
2Exchange.
3(C) Verifying or determining the eligibility of employees and
4employers for health coverage through the Small Business Health
5Options Program, provided pursuant to Section 100502 of the
6Government Code, when the verification or determination is
7directly connected with, and limited to, the administration of the
8Small Business Health Options Program.
9(2) The information provided under this subdivision shall be
10subject to the requirements of, and provided to the extent permitted
11by, federal law and regulations, including Part 603 of Title 20 of
12the Code of Federal Regulations.
13(ae) To provide any peace officer with the Investigations
14Division of the Department of Motor Vehicles with information
15pursuant to subdivision (i), when the requesting peace officer has
16been designated by the Chief of the Investigations Division and
17requests this information in the course of, and as part of, an
18investigation into identity theft, counterfeiting, document fraud,
19or consumer fraud, and there is reasonable suspicion that the crime
20is a felony and that the information would lead to relevant evidence
21regarding the identity theft, counterfeiting, document fraud, or
22consumer fraud. The information provided pursuant to this
23subdivision shall be provided to the extent permitted by federal
24law and regulations, and to the extent the information is available
25and accessible within the constraints and configurations of existing
26department records. Any person who receives any information
27under this subdivision shall make a written report of the
28
information to the Investigations Division of the Department of
29Motor Vehicles, for filing under the normal procedures of that
30division.
31(af) Until January 1, 2020, to enable the Department of Finance
32to prepare and submit the report required by Section 13084 of the
33Government Code that identifies all employers in California that
34employ 100 or more employees who receive benefits from the
35Medi-Cal program (Chapter 7 (commencing with Section 14000)
36of Part 3 of Division 9 of the Welfare and Institutions Code). The
37information used for this purpose shall be limited to information
38obtained pursuant to Section 11026.5 of the Welfare and
39Institutions Code and from the administration of personal income
40tax wage withholding pursuant to Division 6 (commencing with
P287 1Section 13000) and the disability insurance program and may be
2disclosed to the Department of Finance only for the purpose of
3preparing and submitting the report and only to the extent not
4
prohibited by federal law.
5(ag) To provide, to the extent permitted by federal law and
6regulations, the Student Aid Commission with wage information
7in order to verify the employment status of an individual applying
8for a Cal Grant C award pursuant to subdivision (c) of Section
969439 of the Education Code.
10(ah) To enable the Department of Corrections and Rehabilitation
11to obtain quarterly wage data of former inmates who have been
12incarcerated within the prison system in order to assess the impact
13of rehabilitation services or the lack of these services on the
14employment and earnings of these former inmates. Quarterly data
15for a former inmate’s employment status and wage history shall
16be provided for a period of one year, three years, and five years
17following release. The data shall only be used for the purpose of
18tracking outcomes for former inmates in order to assess the
19
effectiveness of rehabilitation strategies on the wages and
20employment histories of those formerly incarcerated. The
21information shall be provided to the department to the extent not
22prohibited by federal law.
23(ai) To enable federal, state, or local government departments
24or agencies, or their contracted agencies, subject to federal law,
25including the confidentiality, disclosure, and other requirements
26set forth in Part 603 of Title 20 of the Code of Federal Regulations,
27to evaluate, research, or forecast the effectiveness of public social
28services programs administered pursuant to Division 9
29(commencing with Section 10000) of the Welfare and Institutions
30Code, or Part A of Subchapter IV of Chapter 7 of the federal Social
31Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation,
32research, or forecast is directly connected with, and limited to, the
33administration of the public social services programs.
34
(aj) To enable the California Workforce Development Board,
35the Chancellor of the California Community Colleges, the
36Superintendent of Public Instruction, the Department of
37Rehabilitation, the State Department of Social Services, the Bureau
38for Private Postsecondary Education, the Department of Industrial
39Relations, the Division of Apprenticeship Standards, and the
40Employment Training Panel to access any relevant quarterly wage
P288 1data necessary for the evaluation and reporting of their respective
2program performance outcomes as required and permitted by
3various state and federal laws pertaining to performance
4measurement and program evaluation under the federal Workforce
5Innovation and Opportunity Act (Public Law 113-128); the
6workforce performance metrics dashboard pursuant to paragraph
7(1) of subdivision (i) of Section 14013; the Adult Education Block
8Grant Program consortia performance metrics pursuant to Section
984920 of the Education Code; the
economic and workforce
10development program performance measures pursuant to Section
1188650 of the Education Code; and the California Community
12Colleges Economic and Workforce Development Program
13performance measures established in Part 52.5 (commencing with
14Section 88600) of Division 7 of Title 3 of the Education Code.
begin insertSection 14013 of the end insertbegin insertUnemployment Insurance Codeend insert
16
begin insert is amended to read:end insert
The board shall assist the Governor in the following:
18(a) Promoting the development of a well-educated and highly
19skilled 21st century workforce.
20(b) Developing, implementing, and modifying the State Plan.
21The State Plan shall serve as the comprehensive framework and
22coordinated plan for the aligned investment of all federal and state
23workforce training and employment services funding streams and
24programs. To the extent feasible and when appropriate, the state
25plan should reinforce and work with adult education and career
26technical education efforts that are responsive to labor market
27trends.
28(c) The review of statewide policies, of statewide programs,
29and
of recommendations on actions that should be taken by the
30state to align workforce, education, training, and employment
31funding programs in the state in a manner that supports a
32comprehensive and streamlined workforce development system
33in the state, including the review and provision of comments on
34the State Plan, if any, for programs and activities of one-stop
35partners that are not core programs.
36(d) Developing and continuously improving the statewide
37workforce investment system, including:
38(1) The identification of barriers and means for removing
39barriers to better coordinate, align, and avoid duplication among
40the programs and activities carried out through the system.
P289 1(2) The development of strategies to support the use of career
2pathways for the purpose of providing individuals, including
3low-skilled adults,
youth, and individuals with barriers to
4employment, and including individuals with disabilities, with
5workforce investment activities, education, and supportive services
6to enter or retain employment. To the extent permissible under
7state and federal laws, these policies and strategies should support
8linkages between kindergarten and grades 1 to 12, inclusive, and
9community college educational systems in order to help secure
10educational and career advancement. These policies and strategies
11may be implemented using a sector strategies framework and
12should ultimately lead to placement in a job providing economic
13security or job placement in an entry-level job that has a
14well-articulated career pathway or career ladder to a job providing
15economic security.
16(3) The development of strategies for providing effective
17outreach to and improved access for individuals and employers
18who could benefit from services provided through the workforce
19development
system.
20(4) The development and expansion of strategies for meeting
21the needs of employers, workers, and jobseekers, particularly
22through industry or sector partnerships related to in-demand
23industry sectors and occupations, including policies targeting
24resources to competitive and emerging industry sectors and industry
25clusters that provide economic security and are either high-growth
26sectors or critical to California’s economy, or both. These industry
27sectors and clusters shall have significant economic impacts on
28the state and its regional and workforce development needs and
29have documented career opportunities.
30(5) Recommending adult and dislocated worker training policies
31and investments that offer a variety of career opportunities while
32upgrading the skills of California’s workforce. These may include
33training policies and investments pertaining to any of the following:
34(A) Occupational skills training, including training for
35nontraditional employment.
36(B) On-the-job training.
37(C) Incumbent worker training in accordance with Section
383174(d)(4) of Title 29 of the United States Code.
39(D) Programs that combine workplace training with related
40instruction, which may include cooperative education programs.
P290 1(E) Training programs operated by the private sector.
2(F) Skill upgrading and retraining.
3(G) Entrepreneurial training.
4(H) Transitional jobs in accordance with Section
3174 (d)(5)
5of Title 29 of the United States Code.
6(I) Job readiness training provided in combination with any of
7the services described in subparagraphs (A) to (H), inclusive.
8(J) Adult education and literacy activities provided in
9combination with any of the services described in subparagraphs
10(A) to (G), inclusive.
11(K) Customized training conducted with a commitment by an
12employer or group of employers to employ an individual upon
13successful completion of the training.
14(e) The identification of regions, including planning regions,
15for the purposes of Section 3121(a) of Title 29 of the United States
16Code, and the designation of local areas under Section 3121 of
17Title 29 of the United States Code, after consultation with local
18boards and chief elected
officials.
19(f) The development and continuous improvement of the
20one-stop delivery system in local areas, including providing
21assistance to local boards, one-stop operators, one-stop partners,
22and providers with planning and delivering services, including
23training services and supportive services, to support effective
24delivery of services to workers, job seekers, and employers.
25(g) Recommending strategies to the Governor for strategic
26training investments of the Governor’s 15-percent discretionary
27funds.
28(h) Developing strategies to support staff training and awareness
29across programs supported under the workforce development
30system.
31(i) The development and updating of comprehensive state
32performance accountability measures, including state adjusted
33
levels of performance, to assess the effectiveness of the core
34programs in the state as required under Section 3141(b) of Title
3529 of the United States Code. As part of this process the board
36shall do all of the following:
37(1) Develop a workforce metrics dashboard, to be updated
38annually, that measures the state’s human capital investments in
39workforce development to better understand the collective impact
40of these investments on the labor market. The workforce metrics
P291 1dashboard shall be produced using existing available data and
2resources that are currently collected and accessible to state
3agencies. The board shall convene workforce program partners to
4develop a standardized set of inputs and outputs for the workforce
5metrics dashboard. The workforce metrics dashboard shall do all
6of the following:
7(A) Provide a status report on credential attainment, training
8completion, degree
attainment, and participant earnings from
9workforce education and training programs. The board shall publish
10and distribute the final report.
11(B) Provide demographic breakdowns, including, to the extent
12possible, race, ethnicity, age, gender, veteran status, wage and
13credential or degree outcomes, and information on workforce
14outcomes in different industry sectors.
15(C) Measure, at a minimum and to the extent feasible with
16existing resources, the performance of the following workforce
17programs: community college career technical education, the
18Employment Training Panel, Title I and Title II of the federal
19Workforce Investment Act of 1998, Trade Adjustment Assistance,
20and state apprenticeship programs.
21(D) Measure participant earnings in California, and to the extent
22feasible, in other states. The Employment
Development Department
23shall assist the board by calculating aggregated participant earnings
24using unemployment insurance wage records, without violating
25any applicable confidentiality requirements.
26(2) The State Department of Education is hereby authorized to
27collect the social security numbers of adults participating in adult
28education programs so that accurate participation in those programs
29can be represented in the report card. However, an individual shall
30not be denied program participation if he or she refuses to provide
31a social security number. The State Department of Education shall
32keep this informationbegin delete confidential and shall only use this begin insert confidential, except, the State
33information for tracking purposes,end delete
34Department of Education is authorized to share this information,
35
unless prohibited by federal law, with the Employment
36Development Department, who shall keep the information
37confidential and use it only to track the labor market outcomes of
38program participantsend insert in compliance with all applicable state and
39federalbegin delete law.end deletebegin insert laws and mandates, including all performance
P292 1reporting requirements under the Workforce Innovation and
2Opportunity Act. end insert
3(3) (A) Participating workforce programs, as specified in
4subparagraph (C) of paragraph (1), shall provide participant data
5in a standardized format to the Employment Development
6Department.
7(B) The Employment Development Department shall aggregate
8data
provided by participating workforce programs and shall report
9the data, organized by demographics, earnings, and industry of
10employment, to the board to assist the board in producing the
11annual workforce metrics dashboard.
12(j) The identification and dissemination of information on best
13practices, including best practices for all of the following:
14(1) The effective operation of one-stop centers, relating to the
15use of business outreach, partnerships, and service delivery
16strategies, including strategies for serving individuals with barriers
17to employment.
18(2) The development of effective local boards, which may
19include information on factors that contribute to enabling local
20boards to exceed negotiated local levels of performance, sustain
21fiscal integrity, and achieve other measures of effectiveness.
22(3) Effective training programs that respond to real-time labor
23market analysis, that effectively use direct assessment and prior
24learning assessment to measure an individual’s prior knowledge,
25skills, competencies, and experiences, and that evaluate such skills,
26and competencies for adaptability, to support efficient placement
27into employment or career pathways.
28(k) The development and review of statewide policies affecting
29the coordinated provision of services through the state’s one-stop
30delivery system described in Section 3151(e) of Title 29 of the
31United States Code, including the development of all of the
32following:
33(1) Objective criteria and procedures for use by local boards in
34assessing the effectiveness and continuous improvement of
35one-stop centers described in Section 3151(e) of Title 29 of the
36United
States Code.
37(2) Guidance for the allocation of one-stop center infrastructure
38funds under Section 3151(h) of Title 29 of the United States Code.
39(3) Policies relating to the appropriate roles and contributions
40of entities carrying out one-stop partner programs within the
P293 1one-stop delivery system, including approaches to facilitating
2equitable and efficient cost allocation in such a system.
3(l) The development of strategies for technological
4improvements to facilitate access to, and improve the quality of,
5services and activities provided through the one-stop delivery
6system, including such improvements to all of the following:
7(1) Enhance digital literacy skills, as defined in Section 9101
8of Title 20 of the United States Code, referred to in this
division
9as “digital literacy skills.”
10(2) Accelerate the acquisition of skills and recognized
11postsecondary credentials by participants.
12(3) Strengthen the professional development of providers and
13workforce professionals.
14(4) Ensure the technology is accessible to individuals with
15disabilities and individuals residing in remote areas.
16(m) The development of strategies for aligning technology and
17data systems across one-stop partner programs to enhance service
18delivery and improve efficiencies in reporting on performance
19accountability measures, including the design and implementation
20of common intake, data collection, case management information,
21and performance accountability measurement and reporting
22processes and the incorporation of local input
into such design and
23implementation, to improve coordination of services across
24one-stop partner programs.
25(n) The development of allocation formulas for the distribution
26of funds for employment and training activities for adults, and
27youth workforce investment activities, to local areas as permitted
28under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
29States Code.
30(o) The preparation of the annual reports described in paragraphs
31(1) and (2) of Section 3141(d) of Title 29 of the United States
32Code.
33(p) The development of the statewide workforce and labor
34market information system described in Section 49l-2(e) of Title
3529 of the United States Code.
36(q) The development of such other policies as may promote
37statewide objectives for, and
enhance the performance of, the
38workforce development system in the state.
39(r) Helping individuals with barriers to employment, including
40low-skill, low-wage workers, the long-term unemployed, and
P294 1members of single-parent households, achieve economic security
2and upward mobility by implementing policies that encourage the
3attainment of marketable skills relevant to current labor market
4trends.
begin insertSection 1752.81 of the end insertbegin insertWelfare and Institutions Codeend insert
6
begin insert is amended to read:end insert
(a) Whenever the Director of the Division of Juvenile
8Justice has in his or her possession in trust funds of a ward
9committed to the division, the funds may be released for any
10purpose when authorized by the ward. When the sum held in trust
11for any ward by the director exceeds five hundred dollars ($500),
12the amount in excess of five hundred dollars ($500) may be
13expended by the director pursuant to a lawful order of a court
14directing payment of the funds, without the authorization of the
15ward thereto.
16(b) Whenever an adult or minor is committed to or housed in a
17Division of Juvenile Facilities facility and he or she owes a
18restitution fine imposed pursuant to Section 13967 of the
19Government Code, as operative on or before September 28, 1994,
20or Section 1202.4
or 1203.04 of the Penal Code, as operative on
21or before August 2, 1995, or pursuant to Section 729.6, 730.6 or
22731.1, as operative on or before August 2, 1995, the director shall
23deduct the balance owing on the fine amount from the trust account
24deposits of a ward, up to a maximum of 50 percent of the total
25amount held in trust, unless prohibited by federal law. The director
26shall transfer that amount to the California Victim Compensation
27begin delete and Government Claimsend delete Board for deposit in the Restitution Fund
28in the State Treasury. Any amount so deducted shall be credited
29against the amount owing on the fine. The sentencing court shall
30be provided a record of the payments.
31(c) Whenever an adult or minor is committed to, or housed in,
32a Division of Juvenile Facilities facility and he or she owes
33restitution to a victim imposed pursuant to Section 13967 of the
34Government
Code, as operative on or before September 28, 1994,
35or Section 1202.4 or 1203.04 of the Penal Code, as operative on
36or before August 2, 1995, or pursuant to Section 729.6, 730.6, or
37731.1, as operative on or before August 2, 1995, the director shall
38deduct the balance owing on the order amount from the trust
39account deposits of a ward, up to a maximum of 50 percent of the
40total amount held in trust, unless prohibited by federal law. The
P295 1director shall transfer that amount directly to the victim. If the
2restitution is owed to a person who has filed an application with
3the Victims of Crime Program, the director shall transfer that
4amount to the California Victim Compensationbegin delete and Government Board for direct payment to the victim or payment shall
5Claimsend delete
6be made to the Restitution Fund to the extent that the victim has
7received assistance pursuant to that program. The sentencing court
8shall be provided a record of the payments
made to victims and
9of the payments deposited to the Restitution Fund pursuant to this
10subdivision.
11(d) Any compensatory or punitive damages awarded by trial or
12settlement to a minor or adult committed to the Division of Juvenile
13Facilities in connection with a civil action brought against any
14federal, state, or local jail or correctional facility, or any official
15or agent thereof, shall be paid directly, after payment of reasonable
16attorney’s fees and litigation costs approved by the court, to satisfy
17any outstanding restitution orders or restitution fines against the
18minor or adult. The balance of any award shall be forwarded to
19the minor or adult committed to the Division of Juvenile Facilities
20after full payment of all outstanding restitution orders and
21restitution fines subject to subdivision (e). The Division of Juvenile
22Facilities shall make all reasonable efforts to notify the victims of
23the crime for which the minor or adult was
committed concerning
24the pending payment of any compensatory or punitive damages.
25This subdivision shall apply to cases settled or awarded on or after
26April 26, 1996, pursuant to Sections 807 and 808 of Title VIII of
27the federal Prison Litigation Reform Act of 1995 (P.L. 104-134;
2818 U.S.C. Sec. 3626 (Historical and Statutory Notes)).
29(e) The director shall deduct and retain from the trust account
30deposits of a ward, unless prohibited by federal law, an
31administrative fee that totals 10 percent of any amount transferred
32pursuant to subdivision (b) and (c), or 5 percent of any amount
33transferred pursuant to subdivision (d). The director shall deposit
34the administrative fee moneys in a special deposit account for
35reimbursing administrative and support costs of the restitution and
36victims program of the Division of Juvenile Facilities. The director,
37at his or her discretion, may retain any excess funds in the special
38deposit account for future
reimbursement of the division’s
39administrative and support costs for the restitution and victims
P296 1program or may transfer all or part of the excess funds for deposit
2in the Restitution Fund.
3(f) When a ward has both a restitution fine and a restitution
4order from the sentencing court, the Division of Juvenile Facilities
5shall collect the restitution order first pursuant to subdivision (c).
6(g) Notwithstanding subdivisions (a), (b), and (c), whenever the
7director holds in trust a ward’s funds in excess of five dollars ($5)
8and the ward cannot be located, after one year from the date of
9discharge, absconding from the Division of Juvenile Facilities
10supervision, or escape, the Division of Juvenile Facilities shall
11apply the trust account balance to any unsatisfied victim restitution
12order or fine owed by that ward. If the victim restitution order or
13fine has been satisfied, the
remainder of the ward’s trust account
14balance, if any, shall be transferred to the Benefit Fund to be
15expended pursuant to Section 1752.5. If the victim to whom a
16particular ward owes restitution cannot be located, the moneys
17shall be transferred to the Benefit Fund to be expended pursuant
18to Section 1752.5.
begin insertSection 1752.82 of the end insertbegin insertWelfare and Institutions Codeend insert
20
begin insert is amended to read:end insert
(a) Whenever an adult or minor is committed to or
22housed in a Youth Authority facility and he or she owes restitution
23to a victim or a restitution fine imposed pursuant to Section 13967,
24as operative on or before September 28, 1994, of the Government
25Code, or Section 1202.4 of the Penal Code, or Section 1203.04,
26as operative on or before August 2, 1994, of the Penal Code, or
27pursuant to Section 729.6, as operative on or before August 2,
281995, Section 730.6 or 731.1, as operative on or before August 2,
291995, the director may deduct a reasonable amount not to exceed
3050 percent from the wages of that adult or minor and the amount
31so deducted, exclusive of the costs of administering this section,
32which shall be retained by the director, shall be transferred to the
33California Victim
Compensationbegin delete and Government Claimsend delete
Board
34for deposit in the Restitution Fund in the State Treasury in the case
35of a restitution fine, or, in the case of a restitution order, and upon
36the request of the victim, shall be paid directly to the victim. Any
37amount so deducted shall be credited against the amount owing
38on the fine or to the victim. The committing court shall be provided
39a record of any payments.
P297 1(b) A victim who has requested that restitution payments be
2paid directly to him or her pursuant to subdivision (a) shall provide
3a current address to the Youth Authority to enable the Youth
4Authority to send restitution payments collected on the victim’s
5behalf to the victim.
6(c) In the case of a restitution order, whenever the victim has
7died, cannot be located, or has not requested the restitution
8payment, the director may deduct a reasonable amount not to
9exceed 50 percent of the wages of
that adult or minor and the
10amount so deducted, exclusive of the costs of administering this
11section, which shall be retained by the director, shall be transferred
12to the California Victim Compensationbegin delete and Government Claimsend delete
13 Board, pursuant to subdivision (d), after one year has elapsed from
14the time the ward is discharged by the Youth Authority Board.
15Any amount so deducted shall be credited against the amount
16owing to the victim. The funds so transferred shall be deposited
17in the Restitution Fund.
18(d) If the Youth Authority has collected restitution payments
19on behalf of a victim, the victim shall request those payments no
20later than one year after the ward has been discharged by the Youth
21Authority Board. Any victim who fails to request those payments
22within that time period shall have relinquished all rights to the
23payments, unless he or she can show
reasonable cause for failure
24to request those payments within that time period.
25(e) The director shall transfer to the California Victim
26Compensationbegin delete and Government Claimsend delete Board all restitution
27payments collected prior to the effective date of this section on
28behalf of victims who have died, cannot be located, or have not
29requested restitution payments. The California Victim
30Compensationbegin delete and Government Claimsend delete Board shall deposit these
31amounts in the Restitution Fund.
32(f) For purposes of this section, “victim” includes a victim’s
33immediate surviving family member, on whose behalf restitution
34has been ordered.
begin insertSection 4461 of the end insertbegin insertWelfare and Institutions Codeend insert
36
begin insert is amended to read:end insert
(a) All expenses incurred in returning such persons to
38other states shall be paid by this state, the person, or his or her
39relatives, but the expense of returning residents of this state shall
40be borne by the state making the returns.
P298 1(b) The cost and expense incurred in effecting the transportation
2of the nonresident persons to the states in which they have
3residence shall be advanced from the funds appropriated for that
4purpose or, if necessary, from the money appropriated for the care
5of developmentally disabled persons upon vouchers approved by
6thebegin delete California Victim Compensation and Government Claims begin insert
Department of General Services.end insert
7Board.end delete
begin insertSection 11212 of the end insertbegin insertWelfare and Institutions Codeend insert
9
begin insert is amended to read:end insert
(a) The state, through the county welfare department,
11shall reimburse the foster parent or foster parents for the cost of
12the burial plot and funeral expenses incurred for any child who,
13at the time of death, is receiving foster care, as defined in Section
1411251, to the extent that the foster parent or foster parents are not
15otherwise reimbursed for costs incurred for those purposes.
16(b) The state, through the county welfare department, shall pay
17the burial costs and funeral expenses directly to the funeral home
18and the burial plot owner when either one of the following
19conditions exists:
20(1) The foster parent or foster parents request the direct payment.
21(2) The child’s death is due to alleged criminal negligence or
22other alleged criminal action on the part of the foster parent or
23foster parents.
24(c) The foster parent, or the funeral home and burial plot
25provider, shall file a claim for reimbursement of costs with the
26county welfare department at the time and in the manner specified
27by the department. The county welfare department shall pay the
28claims in an amount not to exceed the level of reimbursement
29allowed by the California Victim Compensationbegin delete and Government Board for burial costs and funeral expenses under its
30Claimsend delete
31Victims of Violent Crimes program, which is contained in Article
321 (commencing with Section 13959) of Chapter 5 of Part 4 of
33Division 3 of Title 2 of the Government Code. Claims for the burial
34costs and funeral expenses
for a foster child shall be paid out of
35funds appropriated annually to the department for those purposes.
begin insertSection 14171.5 of the end insertbegin insertWelfare and Institutions Codeend insert
37
begin insert is amended to read:end insert
Any institutional provider of health care services that
39obtained reimbursement under this chapter to which it is not
P299 1entitled shall be subject to the following interest charges or
2penalties:
3(a) When it is established upon audit that the provider has
4claimed payments under this chapter to which it is not entitled, the
5provider shall pay, in addition to the amount improperly received,
6interest at the rate specified by subdivision (h) of Section 14171.
7(b) When it is established upon audit that the provider claimed
8payments related to services or costs that the department had
9previously notified the provider in an audit report that the costs or
10services were not reimbursable, the
provider shall pay in addition
11to the amount improperly claimed, a penalty of 10 percent of the
12amount improperly claimed after this notice, plus the cost of the
13audit. In addition, interest shall be assessed at the rate specified in
14subdivision (h) of Section 14171. Providers who wish to preserve
15appeal rights or to challenge the department’s positions regarding
16appeal issues, may claim the cost or services and not be reimbursed
17therefor if they are identified and presented separately on the cost
18report.
19(c) When it is established that the provider fraudulently claimed
20and received payments under this chapter, the provider shall pay
21a penalty of 25 percent of the amount improperly claimed, plus
22the cost of the audit, in addition to the amount thereof. In addition,
23interest will be assessed at the rate specified by subdivision (h) of
24Section 14171. A fraudulent claim is a claim upon which the
25provider has been convicted of fraud upon the
program. Nothing
26in this section shall prevent the imposition of any other civil or
27criminal penalties to which the provider may be liable.
28(d) Appeals to action taken in subdivisions (a), (b), and (c) of
29Section 14171.5 above are subject to the administrative appeals
30process provided by Section 14171.
31(e) Penalties paid by providers under subdivisions (a), (b), and
32(c) of Section 14171.5 are not reimbursable by the program.
33(f) As used in this section, “the cost of the audit” includes actual
34hourly wages, travel, and incidental expenses at rates allowable
35bybegin delete California Victim Compensation and Government Claims Boardend delete
36begin insert Department of General Servicesend insert
rules, and applicable overhead
37costs.
begin insertSection 14171.6 of the end insertbegin insertWelfare and Institutions Codeend insert
39
begin insert is amended to read:end insert
(a) (1) Any provider, as defined in paragraph (3),
2that obtains reimbursement under this chapter to which it is not
3entitled shall be subject to interest charges or penalties as specified
4in this section.
5(2) When it is established upon audit that the provider has not
6received reimbursement to which the provider is entitled, the
7department shall pay the provider interest assessed at the rate, and
8in the manner, specified in subdivision (g) of Section 14171.
9(3) For purposes of this section, “provider” means any provider,
10as defined in Section 14043.1.
11(b) When it is
established upon audit that the provider has
12claimed payments under this chapter to which it is not entitled, the
13provider shall pay, in addition to the amount improperly received,
14interest at the rate specified by subdivision (h) of Section 14171.
15(c) (1) When it is established upon audit that the provider
16claimed payments related to services or costs that the department
17had previously notified the provider in an audit report that the costs
18or services were not reimbursable, the provider shall pay, in
19addition to the amount improperly claimed, a penalty of 10 percent
20of the amount improperly claimed after receipt of the notice, plus
21the cost of the audit.
22(2) In addition to the penalty and costs specified by paragraph
23(1), interest shall be assessed at the rate specified in subdivision
24(h) of Section 14171.
25(3) Providers that wish to preserve appeal rights or to challenge
26the department’s positions regarding appeal issues may claim the
27costs or services and not be reimbursed therefor if they are
28identified and presented separately on the cost report.
29(d) (1) When it is established that the provider fraudulently
30claimed and received payments under this chapter, the provider
31shall pay, in addition to that portion of the claim that was
32improperly claimed, a penalty of 300 percent of the amount
33improperly claimed, plus the cost of the audit.
34(2) In addition to the penalty and costs specified by paragraph
35(1), interest shall be assessed at the rate specified by subdivision
36(h) of Section 14171.
37(3) For purposes of this subdivision, a fraudulent claim is a
38claim upon which the provider has
been convicted of fraud upon
39the Medi-Cal program.
P301 1(e) Nothing in this section shall prevent the imposition of any
2other civil or criminal penalties to which the provider may be
3liable.
4(f) Any appeal to any action taken pursuant to subdivision (b),
5(c), or (d) is subject to the administrative appeals process provided
6by Section 14171.
7(g) As used in this section, “cost of the audit” includes actual
8hourly wages, travel, and incidental expenses at rates allowable
9by rules adopted by thebegin delete California Victim Compensation and begin insert Department of General Servicesend insert
and
10Government Claims Boardend delete
11applicable overhead costs that are incurred by employees of the
12state in administering this chapter with respect to the performance
13of audits.
14(h) This section shall not apply to any clinic licensed pursuant
15to subdivision (a) of Section 1204 of the Health and Safety Code,
16clinics exempt from licensure under Section 1206 of the Health
17and Safety Code, health facilities licensed under Chapter 2
18(commencing with Section 1250) of Division 2 of the Health and
19Safety Code, or to any provider that is operated by a city, county,
20or school district.
begin insertSection 15634 of the end insertbegin insertWelfare and Institutions Codeend insert
22
begin insert is amended to read:end insert
(a) No care custodian, clergy member, health
24practitioner, mandated reporter of suspected financial abuse of an
25elder or dependent adult, or employee of an adult protective
26services agency or a local law enforcement agency who reports a
27known or suspected instance of abuse of an elder or dependent
28adult shall be civilly or criminally liable for any report required
29or authorized by this article. Any other person reporting a known
30or suspected instance of abuse of an elder or dependent adult shall
31not incur civil or criminal liability as a result of any report
32authorized by this article, unless it can be proven that a false report
33was made and the person knew that the report was false. No person
34required to make a report pursuant to this article, or any person
35taking photographs at his or her discretion, shall incur any civil
or
36criminal liability for taking photographs of a suspected victim of
37abuse of an elder or dependent adult or causing photographs to be
38taken of such a suspected victim or for disseminating the
39photographs with the reports required by this article. However,
P302 1this section shall not be construed to grant immunity from this
2liability with respect to any other use of the photographs.
3(b) No care custodian, clergy member, health practitioner,
4mandated reporter of suspected financial abuse of an elder or
5dependent adult, or employee of an adult protective services agency
6or a local law enforcement agency who, pursuant to a request from
7an adult protective services agency or a local law enforcement
8agency investigating a report of known or suspected abuse of an
9elder or dependent adult, provides the requesting agency with
10access to the victim of a known or suspected instance of abuse of
11an elder or dependent adult, shall incur civil or criminal
liability
12as a result of providing that access.
13(c) The Legislature finds that, even though it has provided
14immunity from liability to persons required to report abuse of an
15elder or dependent adult, immunity does not eliminate the
16possibility that actions may be brought against those persons based
17upon required reports of abuse. In order to further limit the financial
18hardship that those persons may incur as a result of fulfilling their
19legal responsibilities, it is necessary that they not be unfairly
20burdened by legal fees incurred in defending those actions.
21Therefore, a care custodian, clergy member, health practitioner,
22or an employee of an adult protective services agency or a local
23law enforcement agency may present to thebegin delete California Victim begin insert
Department of
24Compensation and Government Claims Boardend delete
25General Servicesend insert a claim for reasonable attorneys’ fees incurred
26in any action against that person on the basis of making a report
27required or authorized by this article if the court has dismissed the
28action upon a demurrer or motion for summary judgment made
29by that person, or if he or she prevails in the action. Thebegin delete California begin insert Department
30Victim Compensation and Government Claims Boardend delete
31of General Servicesend insert shall allow that claim if the requirements of
32this subdivision are met, and the claim shall be paid from an
33appropriation to be made for that purpose. Attorneys’ fees awarded
34pursuant to this section shall not exceed an hourly rate greater than
35the rate charged by the Attorney General at the time the award is
36made and shall not exceed an aggregate amount of
fifty thousand
37dollars ($50,000). This subdivision shall not apply if a public entity
38has provided for the defense of the action pursuant to Section 995
39of the Government Code.
(a) It is the intent of the Legislature that any capitol
2building annex project undertaken pursuant to Article 5.2
3(commencing with Section 9112) of Chapter 1.5 of Part 1 of
4Division 2 of Title 2 of the Government Code incorporate elements
5complementary to the historic capitol, elements to make it efficient
6and sustainable, and historic elements from the existing capitol
7building annex.
8
(b) It is further the intent of the Legislature that any state capitol
9building annex be designed as a working
capitol for the public to
10effectively engage with their elected representatives and their state
11government.
12
(c) It is further the intent of the Legislature that the eastern
13façade of the historic state capitol building be restored as part of
14any project that includes demolition of the existing capitol building
15annex.
The sum of one billion three hundred million dollars
17($1,300,000,000) is hereby transferred, upon direction of the
18Director of Finance to the Controller, from the General Fund to
19the State Project Infrastructure Fund established by Section 14692
20of the Government Code according to the following schedule:
21
(a) One billion dollars ($1,000,000,000) on or after July 1,
222016, but no later than June 30, 2017.
23
(b) Three hundred million dollars ($300,000,000) on or after
24July 1, 2017.
No reimbursement is required by this act pursuant
26to Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.
This act is a bill providing for appropriations related
35to the Budget Bill within the meaning of subdivision (e) of Section
3612 of Article IV of the California Constitution, has been identified
37as related to the budget in the Budget Bill, and shall take effect
38immediately.
It is the intent of the Legislature to enact statutory
2changes, relating to the Budget Act of 2016.
O
97