SB 836, as amended, Committee on Budget and Fiscal Review. State government.
(1) Existing law requires the State Board of Optometry to be responsible for the registration and regulation of nonresident contact lens sellers and dispensing opticians. Existing law authorizes a registered dispensing optician or optical company to operate, own, or have an ownership interest in a health plan, defined as a licensed health care service plan, and authorizes an optometrist, a registered dispensing optician, an optical company, or a health plan to execute a lease or other written agreement giving rise to a direct or indirect landlord-tenant relationship with an optometrist if specified conditions are contained in a written agreement. Existing law authorizes the board to inspect, upon request, an individual lease agreement and authorizes personal information, as defined, to be redacted from the lease agreement prior to submission of the lease agreement to the board. Existing law makes a violation of these provisions a crime.
This bill would, notwithstanding any other law and in addition to any action available to the board, authorize the board to issue a citation containing an order of abatement, an order to pay an administrative fine not to exceed $50,000, or both, as specified, for a violation of a specific section of law. The bill would require the full amount of the assessed fine to be added to the fee for renewal of a license and would prohibit the license from being renewed without payment of both the renewal fee and the fine. The bill, among other things, would also delete the authorization to redact personal information from a lease agreement, and would, therefore, expand an existing crime resulting in the imposition of a state-mandated local program.
(2) Existing law requires any health plan, defined as a licensed health care service plan, to report to the board, among other things, that 100% of its locations no longer employ an optometrist by January 1, 2019. Existing law makes a violation of this provision a crime.
This bill would instead require a registered dispensing optician or optical company that owns a health plan to meet certain milestones, including that 100% of its locations no longer employ optometrists by January 1, 2019, and report to the board whether those milestones have been met within 30 days of each milestone. The bill would also, notwithstanding any other law and in addition to any action available to the board, authorize the board to issue a citation containing an order of abatement, an order to pay an administrative fine not to exceed $50,000, or both, as specified, for a violation of a specific section of law. The bill would require the full amount of the assessed fine to be added to the fee for renewal of a license and would prohibit the license from being renewed without payment of both the renewal fee and the fine. By placing new requirements on a registered dispensing optician or optical company, this bill would expand an existing crime, and would, therefore, impose a state-mandated local program.
(3) Under existing law, the Optometry Practice Act, the board consists of 11 members, 5 of whom are public members, 3 appointed by the Governor and one each appointed by the Senate Committee on Rules and the Speaker of the Assembly, and 6 of whom are nonpublic members appointed by the Governor. Existing law requires one of those nonpublic members to be a registered dispensing optician and requires the initial appointment of that member to replace the optometrist member whose term expired on June 1, 2015.
This bill, for appointments made on or after January 1, 2016, would authorize the Governor to appoint a spectacle lens dispenser or contact lens dispenser as that member.
(4) Existing law establishes a dispensing optician committee under the board, requires the committee to advise and make recommendations to the board regarding the regulation of dispensing opticians pursuant to the act, and tasks the committee with recommending registration standards and criteria for the registration of dispensing opticians and reviewing the disciplinary guidelines relating to registered dispensing opticians. Existing law requires the committee to consist of 2 registered dispensing opticians, 2 public members, and one member of the board.
This bill, as of January 1, 2016, would instead require one of those registered dispensing optician members to be a spectacle lens dispenser or a contact lens dispenser, would require the committee to additionally advise the board regarding the regulation of spectacle lens dispensers and contact lens dispensers, and would additionally task the committee with recommending registration standards and criteria for the registration of those dispensers and nonresident contact lens sellers and reviewing the disciplinary guidelines relating to those dispensers and nonresident contact lens sellers.
(5) Existing law establishes a system of public elementary and secondary education in this state in which local educational agencies provide instruction in kindergarten and grades 1 to 12, inclusive, in the public elementary and secondary schools. Existing law also establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and authorizes community college districts throughout the state to provide instruction at the campuses they operate.
With respect to facilities for both public elementary and secondary schools and for community colleges, existing law requires that the Department of General Services pass upon and approve or reject all plans for the construction of, or, if the estimated cost exceeds $25,000, the alteration of, any school building. Existing law also requires, where the estimated cost of the reconstruction or alteration of, or an addition to, any school building exceeds $25,000, but does not exceed $100,000, that a licensed structural engineer examine the proposed project to determine if it is a nonstructural alteration or a structural alteration, as specified. Existing law authorizes the Department of General Services to increase the dollar amounts referenced above on an annual basis, commencing on January 1, 1999, according to an inflationary index governing construction costs that is selected and recognized by the department.
This bill would increase from $25,000 to $100,000 the estimated cost threshold for the requirement that the Department of General Services pass upon and approve or reject all plans for the construction or alteration of any school building. The bill would also increase the amounts in existing law so that, where the estimated cost of the reconstruction or alteration of, or an addition to, any school building exceeds $100,000, but does not exceed $225,000, a licensed structural engineer would be required to examine the proposed project as specified. The bill would authorize the Department of General Services to increase these dollar amounts on an annual basis, commencing on January 1, 2018, according to an inflationary index governing construction costs as referenced above.
(6) Existing law creates the Central Service Cost Recovery Fund, and provides for the deposit into that fund of amounts equal to the fair share of administrative costs due and payable from state agencies, and directs that moneys in the Central Service Cost Recovery Fund be appropriated for the administration of the state government, as determined by the Director of Finance. Existing law requires the Department of Finance to certify annually to the Controller the amount determined to be the fair share of administrative costs due and payable from each state agency, and requires the Controller to transmit to each state agency from which administrative costs have been determined or redetermined to be due, a statement in writing setting forth the amount of the administrative costs due from the state agency and stating that, unless a written request to determine the payment is filed by the state agency, the Controller will transfer the amount of the administrative costs, or advance for administrative costs, from the special fund or funds charged to the Central Service Cost Recovery Fund or the General Fund, as specified. Existing law requires the Controller to transfer 1⁄4 the amount determined on August 15, November 15, February 15, and May 15 of each fiscal year, as specified.
This bill would instead authorize the Department of Finance to allocate and charge a fair share of the administrative costs to all funds directly, and would require the department to certify to the Controller the amount determined to be the fair share of the administrative costs due and payable from each fund. This bill would eliminate the requirement that the Controller forward the determination of administrative costs to each state agency, and would require the Controller, upon order of the department, to transfer the amount of administrative costs, or advance for administrative costs, from special and nongovernmental cost funds to the Central Service Cost Recovery Fund or the General Fund. The bill would additionally authorize the Department of Finance to direct the Controller to advance a reasonable amount for administrative costs from a fund at any time during the year, as specified.
(7) Existing law requires a state agency if, upon receipt of the statement by the Controller, the state agency does not have funds available for the payment of the administrative costs, to notify the Controller and provide a written request to defer payment of those administrative costs, as specified.
This bill would instead require the Controller to notify the Department of Finance if a fund has an insufficient balance for the payment of the administrative costs, for direction by the department on affecting the transfer and its timing, and would make conforming changes.
(8) The Financial Information System for California (FISCal) Act establishes the FISCal system, a single integrated financial management system for the state. The act establishes the FISCal Service Center and the FISCal project office to exist concurrently during the phased implementation of the FISCal system and requires the FISCal Service Center, upon full implementation and final acceptance of the FISCal system, to perform all maintenance and operation of the FISCal system. The act further establishes a FISCal Executive Partner who has responsibilities for the functions of the FISCal project office and the FISCal Service Center. The act requires the FISCal project office, subject to the approval of the Department of Finance, to establish and assess fees and a payment schedule for state departments and agencies to use or interface with the system, including fees to recover the costs of the FISCal system.
This bill would replace the FISCal Service Center with the Department of FISCal, with specified duties, make conforming changes, and would eliminate the FISCal Executive Partner and establish the Director of FISCal, who would be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The bill would modify the requirement of the FISCal system to have a state budget transparency component. The bill would locate the department within the Government Operations Agency upon the acceptance of the system by the state, as determined by the Director of Finance. The bill would modify the fees assessed on state departments and agencies to pay for the design, development, and implementation of the system, as specified, and require administrative costs to the allocated and recovered in a specified manner.
(9) Existing law authorizes the Controller, until June 30, 2016, to procure, modify, and implement a new human resource management system that meets the needs of a modern state government, known as the 21st Century Project.
This bill would extend that authorization for one year, until June 30, 2017.
(10) The California Tourism Marketing Act authorizes the establishment of the California Travel and Tourism Commission, as a separate, independent California nonprofit mutual benefit corporation, for the purpose of promoting tourism in California, as specified. The act requires the commission to be composed of the Director of the Governor’s Office of Business and Economic Development, who serves as the chairperson, 12 commissioners appointed by the Governor, as specified, and 24 commissioners selected by industry category in a referendum, as specified. The act further requires the commissioners to elect a vice chairperson from the 24 industry selected commissioners and authorizes the director to remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
This bill would instead require the 12 commissioners who are appointed by the Governor to elect the chairperson and the 24 industry-selected commissioners to elect the vice chairperson.
(11) Existing law establishes, within the Government Operations Agency, the California Victim Compensation and Government Claims Board with various duties that include, among others, compensating the victims and derivative victims of specified types of crimes for losses suffered as a result of those crimes and processing certain types of claims against the state. The board is composed of the Secretary of Government Operations, or his or her designee, the Controller, and one member who is appointed by, and serves at the pleasure of, the Governor. Existing law specifies that any reference in statute or regulation to the State Board of Control shall be construed to refer to the California Victim Compensation and Government Claims Board.
Existing law establishes, also within the Government Operations Agency, the Department of General Services with various duties providing centralized services for state entities, including, but not limited to, construction and maintenance of state buildings and property, and purchasing, printing, and architectural services.
This bill would generally transfer duties relating to government claims and government accounts from the California Victim Compensation and Government Claims Board to the Department of General Services and the Controller, as specified, and make conforming changes. The bill would rename the board the California Victim Compensation Board and make conforming name changes in provisions related to the board’s remaining duties regarding the compensation of victims and derivative victims of crimes.
The bill would authorize the Department of General Services to assign any matter related to the statutory powers and duties transferred by this bill to the Office of Risk and Insurance Management or to any state office so designated and would require the department to have a seal and to fix that seal to specified documents.
(12) Existing law requires that various actions by the Controller affecting state assets be approved by the California Victim Compensation and Government Claims Board. Existing law requires that a decision by a state agency to forgo collection of taxes, licenses, fees, or moneys owed to the state that are $500 or less be approved by the California Victim Compensation and Government Claims Board, as specified.
This bill would remove those requirements to take these actions.
(13) Existing law requires claimants to pay a fee for filing certain claims against the state. Existing law requires these fees to be deposited into the General Fund and authorizes their appropriation in support of certain items of the budget.
This bill would instead require those fees to be deposited into the Service Revolving Fund and to be only available for the support of the Department of General Services upon appropriation by the Legislature.
(14) Existing law authorizes the California Victim Compensation and Government Claims Board to assess a surcharge to a state entity against which an approval claim was filed in an amount not to exceed 15% of the total approved claim.
This bill would repeal that authorization.
(15) Existing law requires the costs of administering the California employees’ annual charitable campaign fund drive be paid by the agency that receives the contributions. Existing law requires these amounts to be deposited into the General Fund.
This bill would instead require these amounts to be deposited into the Service Revolving Fund and to be only available for the support of the Department of General Services upon appropriation by the Legislature.
(16) Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates. If the commission determines there are costs mandated by the state, existing law requires the commission to determine the amount to be subvened to local agencies and school districts for reimbursement, and in doing so, to adopt parameters and guidelines for reimbursement of any claims. In adopting the parameters and guidelines, existing law authorizes the commission to adopt a reasonable reimbursement methodology, as specified.
This bill would, until July 1, 2019, require a reasonable reimbursement methodology that is based on, in whole or in part, costs that have been included in claims submitted to the Controller for reimbursement to only use costs that have been audited by the Controller, as provided. The bill would also require the Controller, in coordination with the Commission on State Mandates and Department of Finance, by October 1, 2018, to prepare a report to the Legislature regarding implementation of the new reasonable reimbursement process and for the hearings on the report to be held in the appropriate policy committees of the Legislature.
(17) The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System (board), authorizes the board to contract for health benefit plans for employees and annuitants, as defined. Under PEMHCA, the state and contracting agencies, as defined, are required to contribute amounts sufficient to cover the board’s administrative costs to a specified account in the Public Employees’ Contingency Reserve Fund, expenditure of which is contingent upon approval by the Department of Finance and the Joint Legislative Budget Committee, as specified. Under PEMHCA, moneys from health benefit plans for risk adjustment, reserve moneys from terminated health benefit plans, and self-funded or minimum premium plan premiums are deposited into the Public Employees’ Health Care Fund, which is continuously appropriated to pay benefits and claims costs, administrative costs, refunds, and other costs determined by the board.
This bill would condition the expenditure for administrative expenses of moneys in the Public Employees’ Health Care Fund or the account for administrative expenses in the Public Employees’ Contingency Reserve Fund on approval in the annual Budget Act. The bill would also discontinue the authorization for the use of moneys in the Public Employees’ Health Care Fund to pay other costs determined by the board.
(18) Existing law establishes the Joint Rules Committee and authorizes it to take specified actions as an investigatory committee of the Legislature. Existing law requires the Joint Rules Committee to allocate space in the State Capitol Building Annex, with certain exceptions, in accordance with its determination of the needs of the Legislature, as provided. Existing law vests control of the maintenance and operation of the State Capitol Building Annex in the Department of General Services. Existing law provides for the expenditure of funds for the contingent and joint expenses of the Senate and Assembly under or pursuant to the direction of the Joint Rules Committee.
This bill would authorize the Joint Rules Committee to pursue the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex. The bill would require that the work performed pursuant to these provisions be administered and supervised by the Department of General Services, subject to review by the State Public Works Board, pursuant to an agreement with the Joint Rules Committee. The bill would require the Department of General Services to report to the Joint Rules Committee on the scope, budget, delivery method, and schedule for any space to be constructed, restored, rehabilitated, renovated, or reconstructed pursuant to these provisions. The bill would exempt all work performed by the Department of General Services pursuant to these provisions from the State Contract Act. The bill would require that prevailing wages be paid to all workers employed on a project that is subject to these provisions. The bill would declare the intent of the Legislature regarding capitol building annex projects.
Existing law authorizes the Director of General Services, if no other agency is specifically authorized and directed, to acquire title to real property in the name of the state whenever the acquisition of real property is authorized or contemplated by law and imposes various duties on the Department of General Services with respect to the maintenance and operation of state buildings and grounds. Existing law, the State Building Construction Act of 1955, provides for the acquisition and construction of public buildings for use by state agencies by the State Public Works Board, subject to authorization by a separate act or appropriation enacted by the Legislature.
This bill would establish the State Project Infrastructure Fund and continuously appropriate the moneys in that fund for state projects, as defined, and for the report and work described above with respect to a new state capitol building annex or the existing State Capitol Building Annex. The bill would subject the defined state projects to the approval and administrative oversight by the Department of Finance and the State Public Works Board and would require the State Public Works Board to establish the scope, cost, and delivery method for each state project. The bill would require the Department of Finance, on behalf of the Department of General Services, to provide specified notices to the Joint Legislative Budget Committee, including a notice prior to the establishment of the scope, cost, and delivery method by the State Public Works Board describing the scope, budget, delivery method, expected tenants, and schedule for any space to be constructed or renovated for each state project. The bill would also require the Department of General Services to submit, on a quarterly basis, a report on the status of each state project established by the State Public Works Board to the Joint Legislative Budget Committee and to the chairpersons of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, as provided.
The California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared and certify the completion of an environmental impact report, referred to as an EIR, on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA.
A provision of CEQA requires the Judicial Council to adopt a rule of court establishing procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a specified entertainment and sports center project, as provided, or the granting of any project approvals that require the actions or proceedings be resolved, within 270 days of certification of the record of proceedings. Existing law also requires the preparation and certification of the administrative record for that project to comply with certain procedures. Existing law requires the draft and final EIR for that project to each include a notice containing specified information relating to required procedures for judicial actions challenging the certification of the EIR or the approval of a project described in the EIR. Existing law requires the lead agency to conduct an informational public workshop and hold a public hearing on the draft EIR, as provided. Existing law prohibits a court from enjoining the construction or operation of specified components of the entertainment and sports center project unless the court makes specified findings.
This bill would apply similar provisions to the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex, as described above.
This bill would, upon the direction of the Director of Finance, transfer $1,300,000,000 from the General Fund to the State Project Infrastructure Fund. The bill would require that $1,000,000,000 of this money be transferred on or after July 1, 2016, and no later than June 30, 2017, and the remaining $300,000,000 be transferred on or after July 1, 2017.
(19) Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law establishes a program to be administered by the commissioner that enables a minor’s parent or guardian, prior to the first employment of a minor performer and under specified conditions, to obtain a temporary permit for the employment of a minor. Existing law requires the commissioner to deposit all fees for temporary permits received into the Entertainment Work Permit Fund, with the funds to be available upon appropriation by the Legislature to pay for the costs of administration of the online temporary minor’s entertainment work permit program.
This bill would require those permit fees and certain other revenues to instead be deposited in the Labor Enforcement and Compliance Fund. The bill would abolish the Entertainment Work Permit Fund and transfer moneys in, and assets, liabilities, revenues, expenditures, and encumbrances of, that fund to the Labor Enforcement and Compliance Fund.
(20) Existing law requires farm labor contractors to be licensed by the commissioner and to comply with specified employment laws applicable to farm labor contractors. Existing law requires farm labor contractors to pay license fees to the commissioner and continuously appropriates a portion of the fee revenues for enforcement and verification purposes. Existing law requires specified amounts of a license fee to be deposited in the Farmworker Remedial Account and expended by the commissioner to fund the Farm Labor Contractor Enforcement Unit and the Farm Labor Contractor License Verification Unit, and the remaining money to be credited to the General Fund.
This bill would require the money not used to fund those units to be paid instead into the Labor Enforcement and Compliance Fund and would make a conforming change.
(21) Existing law governs talent agency licensure and establishes specific fees. Existing law requires moneys collected for licenses and fines collected for violations to be paid into the State Treasury and credited to the General Fund.
This bill would instead require that all moneys collected for filing fees and licenses be credited to the Labor Enforcement and Compliance Fund, and that fines collected for violations be credited to the General Fund.
(22) Existing law establishes a Child Performer Services Permit program and requires the commissioner to deposit filing fees into the Child Performer Services Permit Fund (permit fund), the revenues of which are available, upon appropriation by the Legislature, to pay for the costs of administering the program.
This bill would require the fees to be deposited in the Labor Enforcement and Compliance Fund. The bill would abolish the permit fund and transfer any moneys in the permit fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund to the Labor Enforcement and Compliance Fund.
(23) Existing law defines “public works,” for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling and delivery of ready-mixed concrete, as defined, to carry out a public works contract, with respect to contracts involving any state agency or any political subdivision of the state. Existing law, also requires the entity hauling or delivering ready-mixed concrete to enter into a written subcontract agreement with, and to provide employee payroll and time records to, the party that engaged that entity within 3 days, as specified. Existing law provides that these provisions apply to public works contracts awarded on or after July 1, 2016.
This bill would extend the time to submit employee payroll records to 5 days. The bill would provide that these provisions do not apply to public works contracts advertised for bid or awarded prior to July 1, 2016.
(24) Existing law regulates various aspects of the car washing and polishing industry and requires the commissioner to collect a $250 registration fee from employers engaged in the business for each branch location and to periodically adjust the registration fee for inflation to ensure that the fee is sufficient to fund all costs to administer and enforce those provisions. Existing law requires, in addition to that fee, each employer be assessed an annual $50 fee for each branch location to be deposited in the Car Wash Worker Restitution Fund.
This bill would remove the specific amount for the registration fee and would authorize the periodic adjustment of the fee, except as specified, in an amount sufficient to fund all direct and indirect costs to administer and enforce those provisions. The bill would fix the annual fee for deposit in the Car Wash Worker Restitution Fund in an amount equaling 20% of the registration fee.
(25) Existing law requires a person employing an industrial homeworker to obtain a valid industrial homework license from the Division of Labor Standards Enforcement, and establishes license and renewal fees, to be paid into the State Treasury. Existing law requires a person doing industrial homework to have a valid homeworker’s permit issued to him or her by the division and sets the fee at $25.
This bill would require those fee and permit moneys to be paid into the Labor Enforcement and Compliance Fund.
(26) Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency (agency), on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. Existing law requires notice of the claim from the aggrieved employee to the agency and to the employer by certified mail. Existing law provides that an employee who prevails in an action under these provisions is entitled to recover his or her reasonable attorney’s fees and costs.
This bill would instead require that the notice to the agency be provided online, accompanied by a reasonable filing fee not to exceed a specified amount that would be deposited into the Labor and Workforce Development Fund to cover the administrative costs of processing the notice. The bill would, for cases filed on or after July 1, 2016, extend the timeframe for the agency to notify the employer and employee that it does not intend to investigate the alleged violation. The bill would entitle an employee who prevails in an action under these provisions to also recover his or her filing fees.
This bill would declare the intent of the Legislature that the agency shall continue to assign duties under the Labor Code Private Attorneys General Act of 2004 to entities where those duties are customarily performed.
Existing law provides that the court review and approve any penalties sought as a part of a proposed settlement of a claim.
This bill would require the proposed settlement agreement to be also sent to the agency. This bill would, until July 1, 2021, authorize the agency to extend the time to complete its investigation by 60 days when the agency determines an extension is necessary and issues a notice, as specified.
(27) Existing law requires the Division of Occupational Safety and Health to require a permit for specific types of construction, demolition, and work in mines and tunnels, and requires an employer or contractor who engages in certain asbestos-related work to register with the division. Existing law requires the division to set fees for permits in an amount reasonably necessary to cover the costs involved in investigating and issuing such permits.
This bill would require the division to set the fees to be charged for permits and registrations in amounts reasonably necessary to cover the costs involved in administering the permitting and registration programs and would require all permit and registration fees collected to be deposited in the Occupational Safety and Health Fund.
(28) Existing law governs the design, erection, construction, installation, material alteration, inspection, testing, maintenance, repair, service, and operation of specific conveyances and their associated parts. Existing law establishes certification and licensing programs for inspectors, companies, and mechanics, and for conveyance inspection and permitting programs, with fees established by the Division of Occupational Safety and Health based on prescribed costs to the division.
This bill would revise those provisions to require the fees to be based on costs to the division of administering those programs, including direct costs and a reasonable percentage attributable to the indirect costs of the division for administering those provisions.
(29) Existing law requires the Division of Occupational Safety and Health to administer a permit and inspection program for aerial passenger tramways. Existing law authorizes the division to fix fees for inspection as it deems necessary to cover the actual cost of having the inspection performed by a division safety engineer. Existing law prohibits the division from charging for inspections performed by certified insurance inspectors, but authorizes a fee of not more than $10 to cover the cost of processing the permit when issued by the division as a result of the inspection. Fees collected by the division are deposited into the Elevator Safety Account to support the program.
This bill would remove the term “aerial” in those provisions and would instead refer only to “passenger tramways.” The bill would require the division to fix and collect fees for inspection of passenger tramways to cover direct costs and a reasonable percentage attributable to the indirect costs of the division for administering those provisions. The bill would remove the cap on the processing fee. The bill would require those fees to be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account, and would transfer specific moneys in the Elevator Safety Account to the Occupational Safety and Health Fund, together with any assets, liabilities, revenues, expenditures, and encumbrances of that fund attributable to the program, the portable amusement ride inspection program, and the Permanent Amusement Ride Safety Inspection Program.
(30) Existing law requires the Division of Occupational Safety and Health to administer a permit and inspection program for tower cranes. Existing law requires the division to set fees for permits sufficient to cover prescribed program costs. Existing law authorizes the division to collect fees for the examination and licensing of crane certifiers as necessary to cover actual costs of administration. Fees collected by the division under those provisions are deposited into the General Fund.
This bill would require the division to collect those crane certifier fees, would require all the above fees to be set to cover the costs of administering the above provisions, and would authorize the inclusion of direct costs and a reasonable percentage attributable to the indirect costs of the division for administration. The bill would require that fees be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account.
(31) Existing law authorizes the establishment and collection of fees by the Division of Occupational Safety and Health for specified services relating to tanks, boilers, and pressure vessels. Under existing law, inspection fees collected are paid into the Pressure Vessel Account.
This bill would remove an existing $15 cap on a permit processing fee, and would require all fees relating to tanks, boilers, and pressure vessels to be in amounts sufficient to cover the division’s direct and indirect costs for administering these provisions. The bill would expand the fees paid into the Pressure Vessel Account to include all fees collected under those tank, boiler, and pressure vessel provisions.
(32) Existing law, the Amusement Rides Safety Law, authorizes the establishment and collection of fees by the Division of Occupational Safety and Health for inspection and permitting of amusement rides. Fees collected under those provisions are deposited into the Elevator Safety Account. Existing law requires the division to submit an annual report on amusement ride safety to the Division of Fairs and Expositions within the Department of Food and Agriculture (DFA), including route location information submitted by permit applicants.
The bill would require the division to set fees relating to amusement rides, initially by emergency regulation, in amounts necessary to cover costs for administering those provisions, and would authorize the inclusion of direct costs and a reasonable percentage attributable to the indirect costs of the division for administration. The bill would require that fees be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account. The bill would require the division to post the amusement ride safety report on its Internet Web site instead of submitting it to the DFA, and would make the inclusion of route location information discretionary.
(33) Existing law establishes the Permanent Amusement Ride Safety Inspection Program, which authorizes the Division of Occupational Safety to fix and collect fees to cover the costs of administering the program, and fees collected are deposited in the Elevator Safety Account.
This bill would require the division to collect those fees and include direct and reasonable indirect costs for administration. The bill would require the division to impose a penalty equal to 100% of the initial fee if a person owning or having custody, management, or operation of a permanent amusement ride fails to pay any fee required under the program within 60 days after the date of notification by the division. The bill would require that fees be deposited in the Occupational Safety and Health Fund instead of the Elevator Safety Account.
(34) Existing law establishes licensing and certification provisions relating to tunnel and mine safety for explosive blasters, gas testers, and safety representatives administered by the Division of Occupational Safety and Health. Those provisions set fees for licensure and renewals. Existing law requires those fees to be deposited in the General Fund.
This bill would revise those provisions to require the division to set fees to include direct costs and a reasonable percentage attributable to the indirect costs of the division for administration, and to deposit those fees in the Occupational Safety and Health Fund.
(35) Under existing law relating to the certification of asbestos consultants and site surveillance technicians, fees authorized to be collected by the Division of Occupational Safety and Health, as provided, are deposited in accounts within the Asbestos Training and Consultant Certification Fund.
This bill would require the division to collect those fees and require that fees be deposited in the Occupational Safety and Health Fund instead of the Asbestos Training and Consultant Certification Fund, which latter fund the bill would abolish.
(36) Existing law requires the Division of Occupational Safety and Health to inspect the operation of the rides at a permanent amusement park annually. Existing law requires operators to submit to the division an annual certificate of compliance, including a prescribed declaration by a qualified safety inspector, and to maintain prescribed records and make them available for inspection by the division. Existing law requires the division to conduct an inspection of the operation of the rides in conjunction with an inspection of records.
This bill would exempt the division from that requirement to conduct an operational inspection of a ride in conjunction with an inspection of records if a qualified safety inspector employed by the division has already inspected the operation of the ride in connection with the execution of the current annual certificate of compliance.
(37) Existing law allows a credit against the taxes imposed under the Corporation Tax Law and the Personal Income Tax Law for each taxable year beginning on or after January 1, 2014, and before January 1, 2025, in an amount as provided in a written agreement between the Governor’s Office of Business and Economic Development and the taxpayer, agreed upon by the California Competes Tax Credit Committee, and based on specified factors, including the number of jobs the taxpayer will create or retain in the state and the amount of investment in the state by the taxpayer. Existing law limits the aggregate amount of credits allocated to taxpayers to a specified sum per fiscal year.
This bill would authorize the Governor’s Office of Business and Economic Development, when determining whether to enter into a written agreement with a taxpayer, to consider additional factors including, but not limited to, the financial solvency of the taxpayer and the taxpayer’s compliance with state and federal laws. The bill would also state the legislative intent relating tobegin delete this bill.end deletebegin insert these provisions.end insert
(38) Existing law, the Corporation Tax Law, for taxable years beginning on or after January 1, 2015, and before January 1, 2030, allows, with regard to the manufacture of a new advanced strategic aircraft for the United States Air Force, a credit against the taxes imposed under that law in an amount equal to a specified percentage of qualified wages paid or incurred with respect to qualified full-time employees, as multiplied by an annual full-time equivalent ratio, by the qualified taxpayer. Existing law defines a “qualified taxpayer” as a prime contractor or a major first-tier contractor awarded a contract related to the New Advanced Strategic Aircraft Program. The contract was awarded in 2016 to a qualified taxpayer that is a prime contractor, and no other taxpayers are qualified taxpayers, as defined, under that contract.
This bill would allow the above-described credit for taxable years beginning on or after January 1, 2016, and before January 1, 2031, as the New Advanced Strategic Aircraft Program contract was awarded in 2016.
(39) Existing law, federal Workforce Innovation and Opportunity Act, provides for workforce investment activities, including activities in which states may participate. Existing law provides that the California Workforce Development Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system.
Existing law requires the Director of Employment Development to permit information in his or her possession to be used for specified purposes, including to assist various state agencies to perform specified duties.
This bill would require the director to permit the use of information in his or her possession to enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, Division of Apprenticeship Standards, and the Employment Training Panel to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes.
(40) Existing law requires the California Workforce Development Board to assist the Governor in developing and updating comprehensive state performance accountability measures to assess the effectiveness of core programs in the state. As part of that process, existing law authorizes the State Department of Education to collect the social security numbers of adults participating in adult education programs so that accurate participation in those programs can be represented. Existing law requires the State Department of Education to keep this information confidential.
This bill would authorize the State Department of Education to share the social security numbers of adults participating in adult education programs with the Employment Development Department, and would require the Employment Development Department to keep the information confidential and only use it to track the labor market progress of program participants, as specified.
(41) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(42) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 655 of the Business and Professions Code
2 is amended to read:
(a) For the purposes of this section, the following terms
4have the following meanings:
5(1) “Health plan” means a health care service plan licensed
6pursuant to the Knox-Keene Health Care Service Plan Act of 1975
7(Chapter 2.2 (commencing with Section 1340) of Division 2 of
8the Health and Safety Code).
9(2) “Optical company” means a person or entity that is engaged
10in the manufacture, sale, or distribution to physicians and surgeons,
11optometrists, health plans, or dispensing opticians of lenses, frames,
12optical supplies, or optometric appliances or devices or kindred
13products.
14(3) “Optometrist” means a person licensed pursuant to Chapter
157 (commencing with Section 3000) or an optometric corporation,
16as described in Section 3160.
17(4) “Registered dispensing optician” means a person licensed
18pursuant to Chapter 5.5 (commencing with Section 2550).
19(5) “Therapeutic ophthalmic product” means lenses or other
20products that provide direct treatment of eye disease or visual
21rehabilitation for diseased eyes.
22(b) No optometrist may have any membership, proprietary
23interest, coownership, or any profit-sharing arrangement, either
24by stock ownership, interlocking directors, trusteeship, mortgage,
25or trust deed, with any registered dispensing optician or any optical
26company, except as
otherwise permitted under this section.
27(c) (1) A registered dispensing optician or an optical company
28may operate, own, or have an ownership interest in a health plan
29so long as the health plan does not directly employ optometrists
30to provide optometric services directly to enrollees of the health
31plan, and may directly or indirectly provide products and services
32to the health plan or its contracted providers or enrollees or to other
33optometrists. For purposes of this section, an optometrist may be
P22 1employed by a health plan as a clinical director for the health plan
2pursuant to Section 1367.01 of the Health and Safety Code or to
3perform services related to utilization management or quality
4assurance or other similar related services that do not require the
5optometrist to directly provide health care services to enrollees.
6In
addition, an optometrist serving as a clinical director may not
7employ optometrists to provide health care services to enrollees
8of the health plan for which the optometrist is serving as clinical
9director. For the purposes of this section, the health plan’s
10utilization management and quality assurance programs that are
11consistent with the Knox-Keene Health Care Service Plan Act of
121975 (Chapter 2.2 (commencing with Section 1340) of Division
132 of the Health and Safety Code) do not constitute providing health
14care services to enrollees.
15(2) The registered dispensing optician or optical company shall
16not interfere with the professional judgment of the optometrist.
17(3) The Department of Managed Health Care shall forward to
18the State Board of Optometry any complaints received from
19consumers
that allege that an optometrist violated the Optometry
20Practice Act (Chapter 7 (commencing with Section 3000)). The
21Department of Managed Health Care and the State Board of
22Optometry shall enter into an Inter-Agency Agreement regarding
23the sharing of information related to the services provided by an
24optometrist that may be in violation of the Optometry Practice Act
25that the Department of Managed Health Care encounters in the
26course of the administration of the Knox-Keene Health Care
27Service Plan Act of 1975 (Chapter 2.2 (commencing with section
281340) of Division 2 of the Health and Safety Code).
29(d) An optometrist, a registered dispensing optician, an optical
30company, or a health plan may execute a lease or other written
31agreement giving rise to a direct or indirect landlord-tenant
32relationship with an optometrist, if all of the
following conditions
33are contained in a written agreement establishing the
34landlord-tenant relationship:
35(1) (A) The practice shall be owned by the optometrist and in
36every phase be under the optometrist’s exclusive control, including
37the selection and supervision of optometric staff, the scheduling
38of patients, the amount of time the optometrist spends with patients,
39fees charged for optometric products and services, the examination
P23 1procedures and treatment provided to patients and the optometrist’s
2contracting with managed care organizations.
3(B) Subparagraph (A) shall not preclude a lease from including
4commercially reasonable terms that: (i) require the provision of
5optometric services at the leased space during certain days and
6hours, (ii) restrict the leased
space from being used for the sale or
7offer for sale of spectacles, frames, lenses, contact lenses, or other
8ophthalmic products, except that the optometrist shall be permitted
9to sell therapeutic ophthalmic products if the registered dispensing
10optician, health plan, or optical company located on or adjacent
11to the optometrist’s leased space does not offer any substantially
12similar therapeutic ophthalmic products for sale, (iii) require the
13optometrist to contract with a health plan network, health plan, or
14health insurer, or (iv) permit the landlord to directly or indirectly
15provide furnishings and equipment in the leased space.
16(2) The optometrist’s records shall be the sole property of the
17
optometrist. Only the optometrist and those persons with written
18authorization from the optometrist shall have access to the patient
19records and the examination room, except as otherwise provided
20by law.
21(3) The optometrist’s leased space shall be definite and distinct
22from space occupied by other occupants of the premises, have a
23sign designating that the leased space is occupied by an
24independent optometrist or optometrists and be accessible to the
25optometrist after hours or in the case of an emergency, subject to
26the facility’s general accessibility. This paragraph shall not require
27a separate entrance to the optometrist’s leased space.
28(4) All signs and displays shall be separate and distinct from
29that of the other occupants and shall have the optometrist's name
30and
the word “optometrist” prominently displayed in connection
31therewith. This paragraph shall not prohibit the optometrist from
32advertising the optometrist’s practice location with reference to
33other occupants or prohibit the optometrist or registered dispensing
34optician from advertising their participation in any health plan’s
35network or the health plan’s products in which the optometrist or
36registered dispensing optician participates.
37(5) There shall be no signs displayed on any part of the premises
38or in any advertising indicating that the optometrist is employed
39or controlled by the registered dispensing optician, health plan or
40optical company.
P24 1(6) Except for a statement that an independent doctor of
2optometry is located in the leased space, in-store pricing signs and
3as
otherwise permitted by this subdivision, the registered
4dispensing optician or optical company shall not link its advertising
5with the optometrist's name, practice, or fees.
6(7) Notwithstanding paragraphs (4) and (6), this subdivision
7shall not preclude a health plan from advertising its health plan
8products and associated premium costs and any copayments,
9coinsurance, deductibles, or other forms of cost-sharing, or the
10names and locations of the health plan’s providers, including any
11optometrists or registered dispensing opticians that provide
12professional services, in compliance with the Knox-Keene Health
13Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
14Section 1340) of Division 2 of the Health and Safety Code).
15(8) A health plan that advertises its products and services in
16
accordance with paragraph (7) shall not advertise the optometrist’s
17fees for products and services that are not included in the health
18plan’s contract with the optometrist.
19(9) The optometrist shall not be precluded from collecting fees
20for services that are not included in a health plan’s products and
21services, subject to any patient disclosure requirements contained
22in the health plan’s provider agreement with the optometrist or
23that are not otherwise prohibited by the Knox-Keene Health Care
24Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
251340) of Division 2 of the Health and Safety Code).
26(10) The term of the lease shall be no less than one year and
27shall not require the optometrist to contract exclusively with a
28health plan. The optometrist may terminate the
lease according to
29the terms of the lease. The landlord may terminate the lease for
30the following reasons:
31(A) The optometrist’s failure to maintain a license to practice
32optometry or the imposition of restrictions, suspension or
33revocation of the optometrist’s license or if the optometrist or the
34
optometrist’s employee is or becomes ineligible to participate in
35state or federal government-funded programs.
36(B) Termination of any underlying lease where the optometrist
37has subleased space, or the optometrist’s failure to comply with
38the underlying lease provisions that are made applicable to the
39optometrist.
P25 1(C) If the health plan is the landlord, the termination of the
2provider agreement between the health plan and the optometrist,
3in accordance with the Knox-Keene Health Care Service Plan Act
4of 1975 (Chapter 2.2 (commencing with Section 1340) of Division
52 of the Health and Safety Code).
6(D) Other reasons pursuant to the terms of the lease or permitted
7under the Civil Code.
8(11) The landlord shall act in good faith in terminating the lease
9and in no case shall the landlord terminate the lease for reasons
10that constitute interference with the practice of optometry.
11(12) Lease or rent terms and payments shall not be based on
12number of eye exams performed, prescriptions written, patient
13referrals or the sale or promotion of the products of a registered
14dispensing optician or an optical company.
15(13) The landlord shall not terminate the lease solely because
16of a report, complaint, or allegation filed by the optometrist against
17the landlord, a registered dispensing optician or a health plan, to
18the State Board of Optometry or the Department of Managed
19Health Care or any law enforcement or regulatory
agency.
20(14) The landlord shall provide the optometrist with written
21notice of the scheduled expiration date of a lease at least 60 days
22prior to the scheduled expiration date. This notice obligation shall
23not affect the ability of either party to terminate the lease pursuant
24to this section. The landlord may not interfere with an outgoing
25optometrist’s efforts to inform the optometrist’s patients, in
26accordance with customary practice and professional obligations,
27of the relocation of the optometrist's practice.
28(15) The State Board of Optometry may inspect, upon request,
29an individual lease agreement pursuant to its investigational
30authority, and if such a request is made, the landlord or tenant, as
31applicable, shall promptly comply with the request. Failure or
32refusal
to comply with the request for lease agreements within 30
33days of receiving the request constitutes unprofessional conduct
34and is grounds for disciplinary action by the appropriate regulatory
35agency.
This section shall not affect the Department of Managed
36Health Care’s authority to inspect all books and records of a health
37plan pursuant to Section 1381 of the Health and Safety Code.
38Any financial information contained in the lease submitted to a
39regulatory entity, pursuant to this paragraph, shall be considered
40confidential trade secret information that is exempt from disclosure
P26 1under the California Public Records Act (Chapter 3.5 (commencing
2with Section 6250) of Division 7 of Title 1 of the Government
3Code).
4(16) This subdivision shall not be applicable to the relationship
5between any optometrist employee and the employer medical
6group, or the relationship between a medical group exclusively
7contracted with a health plan regulated by the Department of
8Managed Health Care
and that health plan.
9(e) No registered dispensing optician may have any membership,
10proprietary interest, coownership, or profit sharing arrangement
11either by stock ownership, interlocking directors, trusteeship,
12mortgage, or trust deed, with an optometrist, except as permitted
13under this section.
14(f) Nothing in this section shall prohibit a person licensed under
15Chapter 5 (commencing with Section 2000) or its professional
16corporation from contracting with or employing optometrists,
17ophthalmologists, or optometric assistants and entering into a
18contract or landlord tenant relationship with a health plan, an
19optical company, or a registered dispensing optician, in accordance
20with Sections 650 and 654 of this code.
21(g) Any violation of this section constitutes a misdemeanor as
22to such person licensed under Chapter 7 (commencing with Section
233000) of this division and as to any and all persons, whether or
24not so licensed under this division, who participate with such
25licensed person in a violation of any provision of this section.
26(h) (1) Notwithstanding any other law and in addition to any
27action available to the State Board of Optometry, the State Board
28of Optometry may issue a citation containing an order of
29abatement, an order to pay an administrative fine, or both, to an
30optical company, an optometrist, or a registered dispensing optician
31for a violation of this section. The administrative fine shall not
32exceed fifty thousand dollars ($50,000). In assessing the amount
33of the fine, the board shall give due consideration
to all of the
34following:
35(A) The gravity of the violation.
36(B) The good faith of the cited person or entity.
37(C) The history of previous violations of the same or similar
38nature.
39(D) Evidence that the violation was or was not willful.
P27 1(E) The extent to which the cited person or entity has cooperated
2with the board’s investigation.
3(F) The extent to which the cited person or entity has mitigated
4or attempted to mitigate any damage or injury caused by the
5violation.
6(G) Any other factors as justice may require.
7(2) A citation or fine assessment issued pursuant to a citation
8shall inform the cited person or entity that if a hearing is desired
9to contest the finding of a violation, that hearing shall be requested
10by written notice to the board within 30 days of the date of issuance
11of the citation or assessment. If a hearing is not requested pursuant
12to this section, payment of any fine shall not constitute an
13admission of the violation charged. Hearings shall be held pursuant
14to Chapter 5 (commencing with Section 11500) of Part 1 of
15Division 3 of Title 2 of the Government Code.
16(3) The board shall adopt regulations to implement a system for
17the issuance of citations, administrative fines, and orders of
18abatement authorized by this section. The regulations
shall include
19provisions for both of the following:
20(A) The issuance of a citation without an administrative fine.
21(B) The opportunity for a cited person or entity to have an
22informal conference with the executive officer of the board in
23addition to the hearing described in paragraph (2).
24(4) The failure of a licensee to pay a fine within 30 days of the
25date of assessment, unless the citation is being appealed, may result
26in disciplinary action being taken by the board. Where a citation
27is not contested and a fine is not paid, the full amount of the
28assessed fine shall be added to the fee for renewal of the license.
29A license shall not be renewed without payment of the renewal
30fee and fine.
31(5) Notwithstanding any other law, if a fine is paid to satisfy an
32assessment based on the finding of a violation, payment of the fine
33shall be represented as satisfactory resolution of the matter for
34purposes of public disclosure.
35(i) Administrative fines collected pursuant to this section shall
36be deposited in the Dispensing Opticians Fund. It is the intent of
37the Legislature that moneys collected as fines and deposited in the
38fund be used by the board primarily for enforcement purposes.
Section 2556.1 of the Business and Professions Code
40 is amended to read:
All licensed optometrists and registered dispensing
2opticians who are in a colocated setting shall report the business
3relationship to the State Board of Optometry, as determined by
4the board. The State Board of Optometry shall have the authority
5to inspect any premises at which the business of a registered
6dispensing optician is colocated with the practice of an optometrist,
7for the purposes of determining compliance with Section 655. The
8inspection may include the review of any written lease agreement
9between the registered dispensing optician and the optometrist or
10between the optometrist and the health plan. Failure to comply
11with the inspection or any request for information by the board
12may subject the party to disciplinary action. The board shall
13provide
a copy of its inspection results, if applicable, to the
14Department of Managed Health Care.
Section 2556.2 of the Business and Professions Code
16 is amended to read:
(a) Notwithstanding any other law, subsequent to the
18effective date of this section and until January 1, 2019, any
19individual, corporation, or firm operating as a registered dispensing
20optician under this chapter before the effective date of this section,
21or an employee of such an entity, shall not be subject to any action
22for engaging in conduct prohibited by Section 2556 or Section 655
23as those sections existed prior to the effective date of this bill,
24except that a registrant shall be subject to discipline for duplicating
25or changing lenses without a prescription or order from a person
26duly licensed to issue the same.
27(b) Nothing in this section shall be construed to imply or
suggest
28that a person registered under this chapter is in violation of or in
29
compliance with the law.
30(c) This section shall not apply to any business relationships
31prohibited by Section 2556 commencing registration or operations
32on or after the effective date of this section.
33(d) Subsequent to the effective date of this section and until
34January 1, 2019, nothing in this section shall prohibit an individual,
35corporation, or firm operating as a registered dispensing optician
36from engaging in a business relationship with an optometrist
37licensed pursuant to Chapter 7 (commencing with Section 3000)
38before the effective date of this section at locations registered with
39the Medical Board of California before the effective date of this
40section.
P29 1(e) This section does not apply to any
administrative action
2pending, litigation pending, cause for discipline, or cause of action
3accruing prior to September 1, 2015.
4(f) Any registered dispensing optician or optical company that
5owns a health plan that employs optometrists, subject to this
6section, shall comply with the following milestones:
7(1) By January 1, 2017, 15 percent of its locations shall no
8longer employ an optometrist.
9(2) By August 1, 2017, 45 percent of its locations shall no longer
10employ an optometrist.
11(3) By January 1, 2019, 100 percent of its locations shall no
12longer employ an optometrist.
13(g) Any registered dispensing optician or optical company that
14owns a health plan that employs optometrists shall report to the
15State Board of Optometry in writing as to whether it has met each
16of the milestones in subdivision (f) within 30 days of each
17milestone. The State Board of Optometry shall provide those
18reports as soon as it receives them to the director and the
19Legislature. The report to the Legislature shall be submitted in
20compliance with Section 9795 of the Government Code.
21(h) (1) Notwithstanding any other law and in addition to any
22action available to the State Board of Optometry, the State Board
23of Optometry may issue a citation containing an order of
24abatement, an order to pay an administrative fine, or both, to an
25optical company, an optometrist, or a registered dispensing optician
26for a
violation of this section. The administrative fine shall not
27exceed fifty thousand dollars ($50,000). In assessing the amount
28of the fine, the board shall give due consideration to all of the
29following:
30(A) The gravity of the violation.
31(B) The good faith of the cited person or entity.
32(C) The history of previous violations of the same or similar
33nature.
34(D) Evidence that the violation was or was not willful.
35(E) The extent to which the cited person or entity has cooperated
36with the board’s investigation.
37(F) The extent to which the cited
person or entity has mitigated
38or attempted to mitigate any damage or injury caused by the
39violation.
40(G) Any other factors as justice may require.
P30 1(2) A citation or fine assessment issued pursuant to a citation
2shall inform the cited person or entity that if a hearing is desired
3to contest the finding of a violation, that hearing shall be requested
4by written notice to the board within 30 days of the date of issuance
5of the citation or assessment. If a hearing is not requested pursuant
6to this section, payment of any fine shall not constitute an
7admission of the violation charged. Hearings shall be held pursuant
8to Chapter 5 (commencing with Section 11500) of Part 1 of
9Division 3 of Title 2 of the Government Code.
10(3) The board shall adopt regulations to implement a system for
11the issuance of citations, administrative fines, and orders of
12abatement authorized by this section. The regulations shall include
13provisions for both of the following:
14(A) The issuance of a citation without an administrative fine.
15(B) The opportunity for a cited person or entity to have an
16informal conference with the executive officer of the board in
17addition to the hearing described in paragraph (2).
18(4) The failure of a licensee to pay a fine within 30 days of the
19date of assessment, unless the citation is being appealed, may result
20in disciplinary action being taken by the board. Where a citation
21is not contested and a fine is not paid, the
full amount of the
22assessed fine shall be added to the fee for renewal of the license.
23A license shall not be renewed without payment of the renewal
24fee and fine.
25(5) Notwithstanding any other law, if a fine is paid to satisfy an
26assessment based on the finding of a violation, payment of the fine
27shall be represented as satisfactory resolution of the matter for
28purposes of public disclosure.
29(i) Administrative fines collected pursuant to this section shall
30be deposited in the Dispensing Opticians Fund. It is the intent of
31the Legislature that moneys collected as fines and deposited in the
32fund be used by the board primarily for enforcement purposes.
Section 3010.5 of the Business and Professions Code
34 is amended to read:
(a) There is in the Department of Consumer Affairs
36a State Board of Optometry in which the enforcement of this
37chapter is vested. The board consists of 11 members, five of whom
38shall be public members and one of the nonpublic members shall
39be an individual registered as a dispensing optician, spectacle lens
40dispenser, or contact lens dispenser. The registered dispensing
P31 1member shall be registered pursuant to Chapter 5.5. (commencing
2with Section 2550) and in good standing with the board.
3Six members of the board shall constitute a quorum.
4(b) The board shall, with respect to conducting investigations,
5inquiries, and disciplinary actions
and proceedings, have the
6authority previously vested in the board as created pursuant to
7former Section 3010. The board may enforce any disciplinary
8actions undertaken by that board.
9(c) This section shall remain in effect only until January 1, 2018,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2018, deletes or extends that date.
12Notwithstanding any other law, the repeal of this section renders
13the board subject to review by the appropriate policy committees
14of the Legislature.
15(d) The amendments to this section by the act adding this
16
subdivision shall apply to appointments made on or after January
171, 2016.
Section 3011 of the Business and Professions Code is
19amended to read:
(a) Members of the board, except the public members
21and the registered dispensing member, shall be appointed only
22from persons who are registered optometrists of the State of
23California and actually engaged in the practice of optometry at the
24time of appointment or who are members of the faculty of a school
25of optometry. The public members shall not be a licentiate of the
26board or of any other board under this division or of any board
27referred to in Sections 1000 and 3600.
28No person except the registered dispensing member, including
29the public members, shall be eligible to membership on the board
30who is a stockholder in or owner of or a member of the board of
31trustees of any school of optometry or who
shall be financially
32interested, directly or indirectly, in any concern manufacturing or
33dealing in optical supplies at wholesale.
34No person shall serve as a member of the board for more than
35two consecutive terms.
36A member of the faculty of a school of optometry may be
37appointed to the board; however, no more than two faculty
38members of schools of optometry may be on the board at any one
39time. Faculty members of the board shall not serve as public
40members.
P32 1(b) The amendments to this section by the act adding this
2subdivision shall apply to appointments made on or after January
31, 2016.
Section 3013 of the Business and Professions Code is
5amended to read:
(a) Each member of the board shall hold office for a
7term of four years, and shall serve until the appointment and
8qualification of his or her successor or until one year shall have
9elapsed since the expiration of the term for which he or she was
10appointed, whichever first occurs.
11(b) Vacancies occurring shall be filled by appointment for the
12unexpired term.
13(c) The Governor shall appoint three of the public members,
14five members qualified as provided in Section 3011, and the
15registered dispensing member as provided in Section 3010.5. The
16Senate Committee on Rules and the Speaker of the Assembly shall
17each appoint a
public member.
18(d) No board member serving between January 1, 2000, and
19June 1, 2002, inclusive, shall be eligible for reappointment.
20(e) For initial appointments made on or after January 1, 2003,
21one of the public members appointed by the Governor and two of
22the professional members shall serve terms of one year. One of
23the public members appointed by the Governor and two of the
24professional members shall serve terms of three years. The
25remaining public member appointed by the Governor and the
26remaining two professional members shall serve terms of four
27years. The public members appointed by the Senate Committee
28on Rules and the Speaker of the Assembly shall each serve for a
29term of four years.
30(f) The initial
appointment of a registered dispensing
optician,
31spectacle lens dispenser, or contact lens dispenser member shall
32replace the optometrist member whose term expired on June 1,
332015.
34(g) The amendments to this section by the act adding this
35subdivision shall apply to appointments made on or after January
361, 2016.
Section 3020 of the Business and Professions Code is
38amended to read:
(a) There shall be established under the State Board of
40Optometry a dispensing optician committee to advise and make
P33 1recommendations to the board regarding the regulation of
2dispensing opticians, spectacle lens dispensers, and contact lens
3dispensers, registered pursuant to Chapter 5.5 (commencing with
4Section 2550). The committee shall consist of five members, one
5of whom shall be a registered dispensing optician registered
6pursuant to Chapter 5.5 (commencing with Section 2550), one of
7whom shall be a spectacle lens dispenser or contact lens dispenser
8registered pursuant to Chapter 5.5 (commencing with Section
92550), two of whom shall be public members, and one of whom
10shall be a member of the board. Initial appointments to the
11committee
shall be made by the board. The board shall stagger the
12terms of the initial members appointed. The filling of vacancies
13on the committee shall be made by the board upon
14recommendations by the committee.
15(b) The committee shall be responsible for:
16(1) Recommending registration standards and criteria for the
17registration of dispensing opticians, nonresident contact lens sellers,
18spectacle lens dispensers, and contact lens dispensers.
19(2) Reviewing of the disciplinary guidelines relating to registered
20dispensing opticians, nonresident contact lens sellers, spectacle
21lens dispensers, and contact lens dispensers.
22(3) Recommending to the board changes or additions to
23regulations
adopted pursuant to Chapter 5.5 (commencing with
24Section 2550).
25(4) Carrying out and implementing all responsibilities and duties
26imposed upon it pursuant to this chapter or as delegated to it by
27the board.
28(c) The committee shall meet at least twice a year and as needed
29in order to conduct its business.
30(d) Recommendations by the committee regarding scope of
31practice or regulatory changes or additions shall be approved,
32modified, or rejected by the board within 90 days of submission
33of the recommendation to the board. If the board rejects or
34significantly modifies the intent or scope of the recommendation,
35the committee may request that the board provide its reasons in
36writing for rejecting or significantly modifying
the
37recommendation, which shall be provided by the board within 30
38days of the request.
39(e) After the initial appointments by the board pursuant to
40subdivision (a), the Governor shall appoint the registered
P34 1 dispensing optician members and the public members. The
2committee shall submit a recommendation to the board regarding
3which board member should be appointed to serve on the
4committee, and the board shall appoint the member to serve.
5Committee members shall serve a term of four years except for
6the initial staggered terms. A member may be reappointed, but no
7person shall serve as a member of the committee for more than
8two consecutive terms.
9(f) The amendments to this section by the act adding this
10subdivision apply as of January 1,
2016.
Section 846.1 of the Civil Code is amended to read:
(a) Except as provided in subdivision (c), an owner of
13any estate or interest in real property, whether possessory or
14nonpossessory, who gives permission to the public for entry on or
15use of the real property pursuant to an agreement with a public or
16nonprofit agency for purposes of recreational trail use, and is a
17defendant in a civil action brought by, or on behalf of, a person
18who is allegedly injured or allegedly suffers damages on the real
19property, may present a claim to the Department of General
20Services for reasonable attorney’s fees incurred in this civil action
21if any of the following occurs:
22(1) The court has dismissed the
civil action upon a demurrer or
23motion for summary judgment made by the owner or upon its own
24motion for lack of prosecution.
25(2) The action was dismissed by the plaintiff without any
26payment from the owner.
27(3) The owner prevails in the civil action.
28(b) Except as provided in subdivision (c), a public entity, as
29defined in Section 831.5 of the Government Code, that gives
30permission to the public for entry on or use of real property for a
31recreational purpose, as defined in Section 846, and is a defendant
32in a civil action brought by, or on behalf of, a person who is
33allegedly injured or allegedly suffers damages on the real property,
34may present a claim to the
Department of General Services for
35reasonable attorney’s fees incurred in this civil action if any of the
36following occurs:
37(1) The court has dismissed the civil action upon a demurrer or
38motion for summary judgment made by this public entity or upon
39its own motion for lack of prosecution.
P35 1(2) The action was dismissed by the plaintiff without any
2payment from the public entity.
3(3) The public entity prevails in the civil action.
4(c) An owner of any estate or interest in real property, whether
5possessory or nonpossessory, or a public entity, as defined in
6Section 831.5 of the Government Code, that gives permission to
7the public for entry on,
or use of, the real property for a recreational
8purpose, as defined in Section 846, pursuant to an agreement with
9a public or nonprofit agency, and is a defendant in a civil action
10brought by, or on behalf of, a person who seeks to restrict, prevent,
11or delay public use of that property, may present a claim to the
12Department of General Services for reasonable attorney’s fees
13incurred in the civil action if any of the following occurs:
14(1) The court has dismissed the civil action upon a demurrer or
15motion for summary judgment made by the owner or public entity
16or upon its own motion for lack of prosecution.
17(2) The action was dismissed by the plaintiff without any
18payment from the owner or public entity.
19(3) The owner or public entity prevails in the civil action.
20(d) The
Department of General Services shall allow the claim
21if the requirements of this section are met. The claim shall be paid
22from an appropriation to be made for that purpose. Reasonable
23attorney’s fees, for purposes of this section, may not exceed an
24hourly rate greater than the rate charged by the Attorney General
25at the time the award is made, and may not exceed an aggregate
26amount of twenty-five thousand dollars ($25,000). This subdivision
27shall not apply if a public entity has provided for the defense of
28this civil action pursuant to Section 995 of the Government Code.
29This subdivision shall also not apply if an owner or public entity
30has been provided a legal defense by the state pursuant to any
31contract or other legal obligation.
32(e) The total of claims allowed by the Department of General
33Services pursuant to this section
shall not exceed two hundred
34thousand dollars ($200,000) per fiscal year.
Section 1789.37 of the Civil Code is amended to read:
(a) Every owner of a check casher’s business shall
37obtain a permit from the Department of Justice to conduct a check
38casher’s business.
39(b) All applications for a permit to conduct a check casher’s
40business shall be filed with the department in writing, signed by
P36 1the applicant, if an individual, or by a member or officer authorized
2to sign, if the applicant is a corporation or other entity, and shall
3state the name of the business, the type of business engaged in,
4and the business address. Each applicant shall be fingerprinted.
5(c) Each applicant for a permit to conduct a check casher’s
6business
shall pay a fee not to exceed the cost of processing the
7
application, fingerprinting the applicant, and checking or obtaining
8the criminal record of the applicant, at the time of filing the
9application.
10(d) Each applicant shall annually, beginning one year from the
11date of issuance of a check casher’s permit, file an application for
12renewal of the permit with the department, along with payment of
13a renewal fee not to exceed the cost of processing the application
14for renewal and checking or obtaining the criminal record of the
15applicant.
16(e) The department shall deny an application for a permit to
17conduct a check casher’s business, or for renewal of a permit, if
18the applicant has a felony conviction involving dishonesty, fraud,
19or deceit, if the crime is substantially related to the qualifications,
20functions, or
duties of a person engaged in the business of check
21cashing.
22(f) The department shall adopt regulations to implement this
23section and shall determine the amount of the application fees
24required by this section. The department shall prescribe forms for
25the applications and permit required by this section, which shall
26be uniform throughout the state.
27(g) In any action brought by a city attorney or district attorney
28to enforce a violation of this section, an owner of a check casher’s
29business who engages in the business of check cashing without
30holding a current and valid permit issued by the department
31pursuant to this section is subject to a civil penalty, as follows:
32(1) For the first offense, not more than one thousand
dollars
33($1,000).
34(2) For the second offense, not more than five thousand dollars
35($5,000).
36(h) Any person who has twice been found in violation of
37subdivision (g) and who, within 10 years of the date of the first
38offense, engages in the business of check cashing without holding
39a current and valid permit issued by the department pursuant to
40this section is guilty of a misdemeanor punishable by imprisonment
P37 1in a county jail not exceeding six months, or by a fine not
2exceeding five thousand dollars ($5,000), or by both that fine and
3imprisonment.
4(i) All civil penalties, forfeited bail, or fines received by any
5court pursuant to this section shall, as soon as practicable after the
6receipt thereof, be
deposited with the county treasurer of the county
7in which the court is situated. Fines and forfeitures deposited shall
8be disbursed pursuant to the Penal Code. Civil penalties deposited
9shall be paid at least once a month as follows:
10(1) Fifty percent to the Treasurer by warrant of the county
11auditor drawn upon the requisition of the clerk or judge of the
12court, to be deposited in the State Treasury on order of the
13Controller.
14(2) Fifty percent to the city treasurer of the city, if the offense
15occurred in a city, otherwise to the treasurer of the county in which
16the prosecution is conducted. Any money deposited in the State
17Treasury under this section that is determined by the Controller to
18have been erroneously deposited shall be refunded out of any
19money in the
State Treasury that is available by law for that
20purpose.
21(j) This section shall become operative December 31, 2004.
Section 77 of the Code of Civil Procedure is amended
23to read:
(a) In every county and city and county, there is an
25appellate division of the superior court consisting of three judges
26or, when the Chief Justice finds it necessary, four judges.
27The Chief Justice shall assign judges to the appellate division
28for specified terms pursuant to rules, not inconsistent with statute,
29adopted by the Judicial Council to promote the independence and
30quality of each appellate division. Each judge assigned to the
31appellate division of a superior court shall be a judge of that court,
32a judge of the superior court of another county, or a judge retired
33from the superior court or a court of higher jurisdiction in this
34state.
35The Chief Justice
shall designate one of the judges of each
36appellate division as the presiding judge of the division.
37(b) In each appellate division, no more than three judges shall
38participate in a hearing or decision. The presiding judge of the
39division shall designate the three judges who shall participate.
P38 1(c) In addition to their other duties, the judges designated as
2members of the appellate division of the superior court shall serve
3for the period specified in the order of designation. Whenever a
4judge is designated to serve in the appellate division of the superior
5court of a county other than the county in which that judge was
6elected or appointed as a superior court judge, or if the judge is
7retired, in a county other than the county in which the judge resides,
8the judge shall receive expenses
for travel, board, and lodging. If
9the judge is out of the judge’s county overnight or longer, by reason
10of the designation, that judge shall be paid a per diem allowance
11in lieu of expenses for board and lodging in the same amounts as
12are payable for those purposes to justices of the Supreme Court
13under the rules of the
Department of General Services. In addition,
14a retired judge shall receive for the time so served, amounts equal
15to that which the judge would have received if the judge had been
16assigned to the superior court of the county.
17(d) The concurrence of two judges of the appellate division of
18the superior court shall be necessary to render the decision in every
19case in, and to transact any other business except business that
20may be done at chambers by the presiding judge of, the division.
21A judgment of the appellate division in an appeal shall contain a
22brief statement of the reasons for the judgment. A judgment stating
23only “affirmed” or “reversed” is insufficient. The presiding judge
24shall convene the appellate division when necessary. The presiding
25judge shall also supervise its business and transact any business
26that may be
done at chambers.
27(e) The appellate division of the superior court has jurisdiction
28on appeal in all cases in which an appeal may be taken to the
29superior court or the appellate division of the superior court as
30provided by law, except where the appeal is a retrial in the superior
31court.
32(f) The powers of each appellate division shall be the same as
33are now or may hereafter be provided by law or rule of the Judicial
34Council relating to appeals to the appellate division of the superior
35courts.
36(g) The Judicial Council shall promulgate rules, not inconsistent
37with law, to promote the independence of, and govern the practice
38and procedure and the disposition of the business of, the appellate
39division.
P39 1(h) Notwithstanding subdivisions (b) and (d), appeals from
2convictions of traffic infractions may be heard and decided by one
3
judge of the appellate division of the superior court.
Section 1345 of the Code of Civil Procedure is
5amended to read:
If any person has erroneously delivered any unclaimed
7moneys or other unclaimed property to the state or any officer or
8employee thereof, and the moneys or other property is deposited
9in the Unclaimed Property Fund or is held by the Controller or
10Treasurer in the name of any account in that fund pursuant to this
11title, the moneys or other property delivered in error may be
12refunded or returned to that person on order of the Controller.
Section 1346 of the Code of Civil Procedure is
14amended to read:
If any person has erroneously delivered any unclaimed
16moneys or other unclaimed property to the state or any officer or
17employee thereof, and the moneys or other property is deposited
18in, or transferred to, the General Fund, or is held by the Controller
19or Treasurer in the name of that fund, pursuant to this title, the
20moneys or other property delivered in error, if cash, shall on order
21of the Controller, be transferred from the General Fund to the
22Unclaimed Property Fund, and, if other than cash, the records of
23the Controller and Treasurer shall be adjusted to show that it is
24held in the name of the proper account in the Unclaimed Property
25Fund; and the moneys or other property may be refunded or
26returned to that person on order of
the
Controller.
Section 1370 of the Code of Civil Procedure is
28amended to read:
The Controller may sell or lease personal property at
30any time, and in any manner, and may execute those leases on
31behalf and in the name of the State of California.
Section 1371 of the Code of Civil Procedure is
33amended to read:
The Controller may sell, cash, redeem, exchange, or
35otherwise dispose of any securities and all other classes of personal
36property, and may sell, cash, redeem, exchange, compromise,
37adjust, settle, or otherwise dispose of any accounts, debts,
38contractual rights, or other choses in action if, in his or her opinion,
39that action on his or her part is necessary or will tend to safeguard
P40 1and conserve the interests of all parties, including the state, having
2any vested or expectant interest in the property.
Section 1375 of the Code of Civil Procedure is
4amended to read:
Any real property may be sold or leased by the Controller
6at private sale without published notice.
Section 1379 of the Code of Civil Procedure is
8amended to read:
The Controller may destroy or otherwise dispose of any
10personal property other than cash deposited in the State Treasury
11under this title, if that property is determined by him or her to be
12valueless or of such little value that the costs of conducting a sale
13would probably exceed the amount that would be realized from
14the sale, and neither the Treasurer nor Controller shall be held to
15respond in damages at the suit of any person claiming loss by
16reason of that destruction or disposition.
Section 1563 of the Code of Civil Procedure is
18amended to read:
(a) Except as provided in subdivisions (b) and (c), all
20escheated property delivered to the Controller under this chapter
21shall be sold by the Controller to the highest bidder at public sale
22in whatever city in the state affords in his or her judgment the most
23favorable market for the property involved, or the Controller may
24conduct the sale by electronic media, including, but not limited
25to, the Internet, if in his or her judgment it is cost effective to
26conduct the sale of the property involved in that manner. However,
27no sale shall be made pursuant to this subdivision until 18 months
28after the final date for filing the report required by Section 1530.
29The Controller may decline the highest bid and reoffer the property
30for sale if he or she
considers the price bid insufficient. The
31Controller need not offer any property for sale if, in his or her
32opinion, the probable cost of sale exceeds the value of the property.
33Any sale of escheated property held under this section shall be
34preceded by a single publication of notice thereof, at least one
35week in advance of sale, in an English language newspaper of
36general circulation in the county where the property is to be sold.
37(b) Securities listed on an established stock exchange shall be
38sold at the prevailing prices on that exchange. Other securities may
39be sold over the counter at prevailing prices or by any other method
40that the Controller may determine to be advisable. These securities
P41 1shall be sold by the Controller no sooner than 18 months, but no
2later than 20 months, after the final date for filing the report
3required by
Section 1530. If securities delivered to the Controller
4by a holder of the securities remain in the custody of the Controller,
5a person making a valid claim for those securities under this chapter
6shall be entitled to receive the securities from the Controller. If
7the securities have been sold, the person shall be entitled to receive
8the net proceeds received by the Controller from the sale of the
9securities. United States government savings bonds and United
10States war bonds shall be presented to the United States for
11payment. Subdivision (a) does not apply to the property described
12in this subdivision.
13(c) (1) All escheated property consisting of military awards,
14decorations, equipment, artifacts, memorabilia, documents,
15photographs, films, literature, and any other item relating to the
16military history of California and
Californians that is delivered to
17the Controller is exempt from subdivision (a) and may, at the
18discretion of the Controller, be held in trust for the Controller at
19the California State Military Museum and Resource Center, or
20successor entity. All escheated property held in trust pursuant to
21this subdivision is subject to the applicable regulations of the
22United States Army governing Army museum activities as
23described in Section 179 of the Military and Veterans Code. Any
24person claiming an interest in the escheated property may file a
25claim to the property pursuant to Article 4 (commencing with
26Section 1540).
27(2) The California State Military Museum and Resource Center,
28or successor entity, shall be responsible for the costs of storage
29and maintenance of escheated property delivered by the Controller
30under this subdivision.
31(d) The purchaser at any sale conducted by the Controller
32pursuant to this chapter shall receive title to the property purchased,
33free from all claims of the owner or prior holder thereof and of all
34persons claiming through or under them. The Controller shall
35execute all documents necessary to complete the transfer of title.
Section 12117 of the Education Code is amended to
37read:
(a) The State Agency for Donated Food Distribution
39may, without at the time furnishing vouchers or itemized
P42 1statements, draw from the Donated Food Revolving Fund for use
2as a departmental revolving fund either of the following:
3(1) A sum not to exceed thirty thousand dollars ($30,000).
4(2) With the approval of the Department of Finance, a sum in
5excess of thirty thousand dollars ($30,000).
6(b) Any moneys withdrawn pursuant to subdivision (a) may
7only be used, in accordance with law and the Department of
8General
Services rules, for payment of compensation earned,
9traveling expense, traveling expense advances, or where immediate
10payment is otherwise necessary. All disbursements from the
11revolving fund shall be substantiated by vouchers filed with and
12audited by the Controller. From time to time, disbursements,
13supported by vouchers, may be reported to the Controller in
14connection with claims for reimbursement of the departmental
15revolving fund. At any time upon the demand of the Department
16of Finance or the Controller, the revolving fund shall be accounted
17for and substantiated by vouchers and itemized statements
18submitted to and audited by the Controller.
Section 17295 of the Education Code is amended to
20read:
(a) (1) The Department of General Services shall pass
22upon and approve or reject all plans for the construction or, if the
23estimated cost exceeds one hundred thousand dollars ($100,000),
24the alteration of any school building.
25(2) To enable the Department of General Services to pass upon
26and approve plans pursuant to this subdivision, the governing board
27of each school district and any other school authority before
28adopting any plans for the school building shall submit the plans
29to the Department of General Services for approval, and shall pay
30the fees prescribed in this article.
31(b) Notwithstanding subdivision (a), where the estimated cost
32of the reconstruction or alteration of, or an addition to, any school
33building exceeds one hundred thousand dollars ($100,000), but
34does not exceed two hundred twenty-five thousand dollars
35($225,000), a licensed structural engineer shall examine the
36proposed project to determine if it is a nonstructural alteration or
37a structural alteration. If he or she determines that the project is a
38nonstructural alteration, he or she shall prepare a statement so
39indicating. If he or she determines that the project is structural, he
40or she shall prepare plans and specifications for the project which
P43 1shall be submitted to the Department of General Services for review
2and approval. A copy of the engineer’s report stating that the work
3does not affect structural elements shall be filed with the
4Department of General Services.
5(c) If a licensed structural engineer submits a report to the
6Department of General Services stating that the plans or activities
7authorized pursuant to subdivision (b) do not involve structural
8elements, then all of the following shall apply to that project:
9(1) The design professional in responsible charge of the project
10undertaken pursuant to this subdivision shall certify that the plans
11and specifications for the project meet any applicable fire and life
12safety standards, and do not affect the disabled access requirements
13of Section 4450 of the Government Code, and shall submit this
14certification to the Department of General Services. The letter of
15certification shall bear the identifying licensing stamp or seal of
16the design professional. This paragraph does not preclude a design
17
professional from submitting plans and specifications to the
18Department of General Services along with the appropriate fee for
19review.
20(2) Within 10 days of the completion of any project authorized
21pursuant to subdivision (b), the school construction inspector of
22record on the project, who is certified by the
Department of General
23Services to inspect school buildings, shall certify in writing to the
24Department of General Services that the reconstruction, alteration,
25or addition has been completed in compliance with the plans and
26specifications.
27(3) The dollar amounts cited in this section shall be increased
28on an annual basis, commencing January 1, 2018, by the
29
Department of General Services according to an inflationary index
30governing construction costs that is selected and recognized by
31the Department of General Services.
32(4) No school district shall subdivide a project for the purpose
33of evading the limitation on amounts cited in this section.
34(d) For purposes of this section, “design professional in
35responsible charge” or “design professional” means the licensed
36architect, licensed structural engineer, or licensed civil engineer
37who is responsible for the completion of the design work involved
38with the project.
Section 24618 of the Education Code is amended to
40read:
Losses or gains resulting from overpayment or
2underpayment of contributions or other amounts under this part
3within the limits set by the Department of General Services for
4automatic writeoff, and losses or gains in greater amounts
5specifically approved for writeoffs by the Department of General
6Services, shall be debited or credited, as the case may be, to the
7appropriate reserve in the retirement fund.
Section 68121 of the Education Code is amended to
9read:
(a) Notwithstanding any other provision of law, no
11mandatory systemwide fees or tuition of any kind shall be required
12or collected by the Regents of the University of California or the
13Trustees of the California State University, from a student who is
14in an undergraduate program and who is the surviving dependent
15of any individual killed in the September 11, 2001, terrorist attacks
16on the World Trade Center in New York City, the Pentagon
17building in Washington, DC, or the crash of United Airlines Flight
1893 in southwestern Pennsylvania, if he or she meets the financial
19need requirements set forth in Section 69432.7 for the Cal Grant
20A Program and either of the following apply:
21(1) The surviving dependent was a resident of California on
22September 11, 2001.
23(2) The individual killed in the attacks was a resident of
24California on September 11, 2001.
25(b) (1) The California Victim Compensation Board shall
26identify all persons who are eligible for tuition and fee waivers
27pursuant to this section or subdivision (j) of Section 76300. That
28board shall notify these persons or, in the case of minors, the
29parents or guardians of these persons, of their eligibility for tuition
30and fee waivers under these provisions. This notification shall be
31in writing, and shall be received by all of the appropriate persons
32no later than July 1, 2003.
33(2) The Trustees of the California State University, the Regents
34of the University of California and the governing board of each
35community college district in the state shall waive tuition and fees,
36as specified in this section and in subdivision (j) of Section 76300,
37for any person who can demonstrate eligibility. If requested by
38the California State University, the University of California,
39Hastings College of the Law, or a California Community College,
40the California Victim Compensation Board, on a case-by-case
P45 1basis, shall confirm the eligibility of persons requesting the waiver
2of tuition and fees, as provided for in this section.
3(c) A determination of whether a person is a resident of
4California on September 11, 2001, shall be based on the criteria
5set forth in this chapter for determining nonresident and resident
6tuition.
7(d) (1) “Dependent,” for purposes of this section, is a person
8who, because of his or her relationship to an individual killed as
9a result of injuries sustained during the terrorist attacks of
10September 11, 2001, qualifies for compensation under the federal
11September 11th Victim Compensation Fund of 2001 (Title IV
12(commencing with Section 401) of Public Law 107-42).
13(2) A dependent who is the surviving spouse of an individual
14killed in the terrorist attacks of September 11, 2001, is entitled to
15the waivers provided in this section until January 1, 2013.
16(3) A dependent who is the surviving child, natural or adopted,
17of an individual killed in the terrorist attacks of September 11,
182001, is entitled to
the waivers under this section until that person
19obtains the age of 30 years.
20(4) A dependent of an individual killed in the terrorist attacks
21of September 11, 2001, who is determined to be eligible by the
22California Victim Compensation Board, is also entitled to the
23waivers provided in this section until January 1, 2013.
Section 70010.1 of the Education Code is amended
25to read:
As used in this article:
27(a) “Board” means the Scholarshare Investment Board
28established pursuant to Section 69984.
29(b) “California resident” means a person who would not be
30required to pay nonresident tuition under Chapter 1 (commencing
31with Section 68000) of Part 41.
32(c) “Dependent” means a person identified by the California
33Victim Compensation Board because of his or her relationship to
34a California resident killed as a result of injuries sustained during
35the terrorist attacks of September 11, 2001.
36(d) “Fund” means the California Memorial Scholarship Fund
37established pursuant to Section 5066 of the Vehicle Code.
38(e) “Institution of higher education” has the same meaning as
39“eligible educational institution,” as defined in paragraph (5) of
40subsection (e) of Section 529 of the Internal Revenue Code of
P46 11986, as amended by Section 211 of the Taxpayer Relief Act of
21997 (Public Law 105-34).
3(f) “Participant” means a surviving dependent of a California
4resident killed as a result of injuries sustained during the terrorist
5attacks of September 11, 2001, who has executed, or on whose
6behalf has been executed, an agreement pursuant to Section 70011.
7(g) “Program”
means the California Memorial Scholarship
8Program established pursuant to Section 70010.
9(h) “Scholarship” means a participant’s account as established
10by the board with moneys deposited in the fund.
Section 70010.5 of the Education Code is amended
12to read:
(a) The California Victim Compensation Board shall
14identify, and confirm by documentation, all persons who are
15eligible for scholarships under the program. The California Victim
16Compensation Board shall use various methods to identify those
17persons, including, but not limited to, all of the following:
18(1) Media outreach, including, but not limited to, social media,
19that explains the details of the program, who is eligible for
20scholarships under the program, and how to sign up for further
21notifications regarding the program.
22(2) Written notification to persons, or in the case of minors,
23their parents or guardians,
who have previously been identified as
24eligible for scholarships under the program, and their known family
25members. The notification shall explain that the program has been
26reopened, and that the California Victim Compensation Board is
27seeking information regarding other persons who may be eligible
28for the program, and shall provide instructions on how to sign up
29for further notifications regarding the program.
30(3) Communication with the Special Master of the federal
31September 11th Victim Compensation Fund to determine if
32additional victims who were California residents have been
33identified.
34(b) After creating a new list of eligible persons for the program,
35the California Victim Compensation Board shall notify these
36persons or, in the case of minors, the parents
or guardians of these
37persons, of their eligibility for scholarships under the program.
38(1) The notification shall be in writing.
39(2) The notification shall provide details on the program and
40how to apply for scholarships under the program.
P47 1(3) The notification shall be received by all of the appropriate
2persons no later than July 1, 2015.
3(c) The Scholarshare Investment Board shall service scholarships
4pursuant to this article only for individuals determined to be eligible
5by the California Victim Compensation
Board.
6(d) Eligible persons, or in the case of minors, the parents or
7guardians of these persons, shall inform the Scholarshare
8Investment Board of their decision on whether to participate in the
9program in a timely manner. Eligible persons, or in the case of
10minors, the parents or guardians of these persons, who are to
11become participants in the program shall execute agreements
12pursuant to Section 70011 no later than July 1, 2016.
Section 76300 of the Education Code is amended to
14read:
(a) The governing board of each community college
16district shall charge each student a fee pursuant to this section.
17(b) (1) The fee prescribed by this section shall be forty-six
18dollars ($46) per unit per semester, effective with the summer term
19of the 2012 calendar year.
20(2) The board of governors shall proportionately adjust the
21amount of the fee for term lengths based upon a quarter system,
22and also shall proportionately adjust the amount of the fee for
23summer sessions, intersessions, and other short-term courses. In
24making these adjustments, the board of governors may round the
25per unit fee and the
per term or per session fee to the nearest dollar.
26(c) For the purposes of computing apportionments to community
27college districts pursuant to Section 84750.5, the board of
28governors shall subtract, from the total revenue owed to each
29district, 98 percent of the revenues received by districts from
30charging a fee pursuant to this section.
31(d) The board of governors shall reduce apportionments by up
32to 10 percent to any district that does not collect the fees prescribed
33by this section.
34(e) The fee requirement does not apply to any of the following:
35(1) Students enrolled in the noncredit courses designated by
36Section 84757.
37(2) California State University or University of California
38students enrolled in remedial classes provided by a community
39
college district on a campus of the University of California or a
40campus of the California State University, for whom the district
P48 1claims an attendance apportionment pursuant to an agreement
2between the district and the California State University or the
3University of California.
4(3) Students enrolled in credit contract education courses
5pursuant to Section 78021, if the entire cost of the course, including
6administrative costs, is paid by the public or private agency,
7corporation, or association with which the district is contracting
8and if these students are not included in the calculation of the
9full-time equivalent students (FTES) of that district.
10(f) The governing board of a community college district may
11exempt special part-time students admitted pursuant to
Section
1276001 from the fee requirement.
13(g) (1) The fee requirements of this section shall be waived for
14any student who meets all of the following requirements:
15(A) Meets minimum academic and progress standards adopted
16by the board of governors, which fulfill the requirements outlined
17in this paragraph and paragraphs (2) to (5), inclusive. Any
18minimum academic and progress standards adopted pursuant to
19this section shall be uniform across all community college districts
20and campuses. These standards shall not include a maximum unit
21cap, and community college districts and colleges shall not impose
22requirements for fee waiver eligibility other than the minimum
23academic and progress standards adopted by the board of governors
24and the requirements of
subparagraph (B).
25(B) Meets one of the following criteria:
26(i) At the time of enrollment, is a recipient of benefits under the
27Temporary Assistance for Needy Families program, the
28Supplemental Security Income/State Supplementary Payment
29Program, or a general assistance program.
30(ii) Demonstrates eligibility according to income standards
31established by regulations of the board of governors.
32(iii) Demonstrates financial need in accordance with the
33methodology set forth in federal law or regulation for determining
34the expected family contribution of students seeking financial aid.
35(2) (A) The board of governors, in consultation with students,
36faculty, and other key stakeholders, shall consider all of the
37following in the development and adoption of minimum academic
38and progress standards pursuant to subparagraph (A) of paragraph
39(1):
P49 1(i) Minimum uniform academic and progress standards that do
2not unfairly disadvantage financially needy students in pursuing
3their education.
4(ii) Criteria for reviewing extenuating circumstances and
5granting appeals that, at a minimum, take into account and do not
6penalize a student for circumstances outside his or her control,
7such as reductions in student support services or changes to the
8economic situation of the student.
9(iii) A process for
reestablishing fee waiver eligibility that
10provides a student with a reasonable opportunity to continue or
11resume his or her enrollment at a community college.
12(B) To ensure that students are not unfairly impacted by the
13requirements of subparagraph (A) of paragraph (1), the board of
14governors shall establish a reasonable implementation period that
15commences no sooner than one year from adoption of the minimum
16academic and progress standards, or any subsequent changes to
17these standards, pursuant to subparagraph (A) of paragraph (1)
18and that is phased in to provide students adequate notification of
19this requirement and information about available support resources.
20(3) It is the intent of the Legislature that minimum academic
21and progress standards adopted pursuant to subparagraph (A)
of
22paragraph (1) be implemented only as campuses develop and
23implement the student support services and interventions necessary
24to ensure no disproportionate impact to students based on ethnicity,
25gender, disability, or socioeconomic status. The board of governors
26shall consider the ability of community college districts to meet
27the requirements of this paragraph before adopting minimum
28academic and progress standards, or any subsequent changes to
29these standards, pursuant to subparagraph (A) of paragraph (1).
30(4) It is the intent of the Legislature to ensure that a student shall
31not lose fee waiver eligibility without a community college campus
32first demonstrating a reasonable effort to provide a student with
33adequate notification and assistance in maintaining his or her fee
34waiver eligibility. The board of governors shall adopt
regulations
35to implement this paragraph that ensure all of the following:
36(A) Students are provided information about the available
37student support services to assist them in maintaining fee waiver
38eligibility.
39(B) Community college district policies and course catalogs
40reflect the minimum academic and progress standards adopted
P50 1pursuant to subparagraph (A) of paragraph (1) and that appropriate
2notice is provided to students before the policies are put into effect.
3(C) A student does not lose fee waiver eligibility unless he or
4she has not met minimum academic and progress standards adopted
5pursuant to subparagraph (A) of paragraph (1) for a period of no
6less than two consecutive academic terms.
7(5) The board of governors shall provide notification of a
8proposed action to adopt regulations pursuant to this subdivision
9to the appropriate policy and fiscal committees of the Legislature
10in accordance with the requirements of paragraph (1) of subdivision
11(a) of Section 70901.5. This notification shall include, but not be
12limited to, all of the following:
13(A) The proposed minimum academic and progress standards
14and information detailing how the requirements of paragraphs (1)
15to (4), inclusive, have been or will be satisfied.
16(B) How many students may lose fee waiver eligibility by
17ethnicity, gender, disability, and, to the extent relevant data is
18available, by socioeconomic status.
19(C) The criteria for reviewing extenuating circumstances,
20granting appeals, and reestablishing fee waiver eligibility pursuant
21to paragraph (2).
22(h) The fee requirements of this section shall be waived for any
23student who, at the time of enrollment, is a dependent or surviving
24spouse who has not remarried, of any member of the California
25National Guard who, in the line of duty and while in the active
26service of the state, was killed, died of a disability resulting from
27an event that occurred while in the active service of the state, or
28is permanently disabled as a result of an event that occurred while
29in the active service of the state. “Active service of the state,” for
30the purposes of this subdivision, refers to a member of the
31California National Guard activated pursuant
to Section 146 of
32the Military and Veterans Code.
33(i) The fee requirements of this section shall be waived for any
34student who is the surviving spouse or the child, natural or adopted,
35of a deceased person who met all of the requirements of Section
3668120.
37(j) The fee requirements of this section shall be waived for any
38student in an undergraduate program, including a student who has
39previously graduated from another undergraduate or graduate
40program, who is the dependent of any individual killed in the
P51 1September 11, 2001, terrorist attacks on the World Trade Center
2and the Pentagon or the crash of United Airlines Flight 93 in
3southwestern Pennsylvania, if that dependent meets the financial
4need requirements set forth in Section 69432.7 for the Cal Grant
5A Program and either of
the following applies:
6(1) The dependent was a resident of California on September
711, 2001.
8(2) The individual killed in the attacks was a resident of
9California on September 11, 2001.
10(k) A determination of whether a person is a resident of
11California on September 11, 2001, for purposes of subdivision (j)
12shall be based on the criteria set forth in Chapter 1 (commencing
13with Section 68000) of Part 41 of Division 5 for determining
14nonresident and resident tuition.
15(l) (1) “Dependent,” for purposes of subdivision (j), is a person
16who, because of his or her relationship to an individual killed as
17a result of injuries sustained during the
terrorist attacks of
18September 11, 2001, qualifies for compensation under the federal
19September 11th Victim Compensation Fund of 2001 (Title IV
20(commencing with Section 401) of Public Law 107-42).
21(2) A dependent who is the surviving spouse of an individual
22killed in the terrorist attacks of September 11, 2001, is entitled to
23the waivers provided in this section until January 1, 2013.
24(3) A dependent who is the surviving child, natural or adopted,
25of an individual killed in the terrorist attacks of September 11,
262001, is entitled to the waivers under subdivision (j) until that
27person attains 30 years of age.
28(4) A dependent of an individual killed in the terrorist attacks
29of September 11, 2001, who is determined to be
eligible by the
30California Victim Compensation Board, is also entitled to the
31waivers provided in this section until January 1, 2013.
32(m) (1) It is the intent of the Legislature that sufficient funds
33be provided to support the provision of a fee waiver for every
34student who demonstrates eligibility pursuant to subdivisions (g)
35to (j), inclusive.
36(2) From funds provided in the annual Budget Act, the board
37of governors shall allocate to community college districts, pursuant
38to this subdivision, an amount equal to 2 percent of the fees waived
39pursuant to subdivisions (g) to (j), inclusive. From funds provided
40in the annual Budget Act, the board of governors shall allocate to
P52 1community college districts, pursuant to this subdivision, an
2amount equal to
ninety-one cents ($0.91) per credit unit waived
3pursuant to subdivisions (g) to (j), inclusive. It is the intent of the
4Legislature that funds provided pursuant to this subdivision be
5used to support the determination of financial need and delivery
6of student financial aid services, on the basis of the number of
7students for whom fees are waived. It also is the intent of the
8Legislature that the funds provided pursuant to this subdivision
9directly offset mandated costs claimed by community college
10districts pursuant to Commission on State Mandates consolidated
11Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15
12(Enrollment Fee Waivers). Funds allocated to a community college
13district for determination of financial need and delivery of student
14financial aid services shall supplement, and shall not supplant, the
15level of funds allocated for the administration of student financial
16aid
programs during the 1992-93 fiscal year.
17(n) The board of governors shall adopt regulations implementing
18this section.
19(o) This section shall become operative on May 1, 2012, only
20if subdivision (b) of Section 3.94 of the Budget Act of 2011 is
21operative.
Section 81133 of the Education Code is amended to
23read:
(a) The Department of General Services shall pass
25upon, and approve or reject, all plans for the construction or, if the
26estimated cost exceeds one hundred thousand dollars ($100,000),
27the alteration of any school building. To enable it to do so, the
28governing board of each community college district and any other
29school authority before adopting any plans for the school building
30shall submit the plans to the Department of General Services for
31approval, and shall pay the fees prescribed in this article.
32(b) Notwithstanding subdivision (a), where the estimated cost
33of reconstruction or alteration of, or addition to, a school building
34exceeds
one hundred thousand dollars ($100,000), but does not
35exceed two hundred twenty-five
thousand dollars ($225,000), a
36licensed structural engineer shall examine the proposed project to
37determine if it is a nonstructural alteration or a structural alteration.
38If he or she determines that the project is a nonstructural alteration,
39he or she shall prepare a statement so indicating. If he or she
40determines that the project is structural, he or she shall prepare
P53 1plans and specifications for the project which shall be submitted
2to the Department of General Services for review and approval.
3A copy of the engineer’s report stating that the work does not affect
4structural elements shall be filed with the Department of General
5Services.
6(c) If a licensed structural engineer submits a report to the
7Department of General Services stating that the plans or activities
8authorized pursuant to subdivision (b) do not involve
structural
9elements, then all of the following shall apply to that project:
10(1) The design professional in responsible charge of the project
11undertaken pursuant to this subdivision shall certify that the plans
12and specifications for the project meet any applicable fire and life
13safety standards, and do not affect the disabled access requirements
14of Section 4450 of the Government Code, and shall submit this
15certification to the Department of General Services. The letter of
16certification shall bear the identifying licensing stamp or seal of
17the design professional. This paragraph does not preclude a design
18professional from submitting plans and specifications to the
19Department of General Services along with the appropriate fee for
20review.
21(2) Within 10 days of the completion of
any project authorized
22pursuant to subdivision (b), the school construction inspector of
23record on the project, who is certified by the Department of General
24Services to inspect school buildings, shall certify in writing to the
25Department of General Services that the reconstruction, alteration,
26or addition has been completed in compliance with the plans and
27specifications.
28(3) The dollar amounts cited in this section shall be increased
29on an annual basis, commencing January 1, 2018, by the
30Department of General Services according to an inflationary index
31governing construction costs that is selected and recognized by
32the Department of General Services.
33(4) No community college district shall subdivide a project for
34the purpose of evading the limitation on amounts cited in
this
35section.
36(5) Before letting any contract for any construction or alteration
37of any school building, the written approval of the plans, as to
38safety of design and construction, by the Department of General
39Services, shall first be had and obtained.
P54 1(6) In each case the application for approval of the plans shall
2be accompanied by the plans and full, complete, and accurate
3specifications, and structural design computations, and estimates
4of cost, which shall comply in every respect with any and all
5requirements prescribed by the Department of General Services.
6(7) (A) The application shall be accompanied by a filing fee in
7amounts as determined by the Department of General Services
8based on the
estimated cost according to the following schedule:
9(i) For the first one million dollars ($1,000,000), a fee of not
10more than 0.7 percent of the estimated cost.
11(ii) For all costs in excess of one million dollars ($1,000,000),
12a fee of not more than 0.6 percent of the estimated cost.
13(B) The minimum fee in any case shall be two hundred fifty
14dollars ($250). If the actual cost exceeds the estimated cost by
15more than 5 percent, a further fee shall be paid to the Department
16of General Services, based on the above schedule and computed
17on the amount by which the actual cost exceeds the amount of the
18estimated cost.
19(8) (A) All fees collected under
this article shall be paid into
20the State Treasury and credited to the Public School Planning,
21Design, and Construction Review Revolving Fund, and are
22continuously appropriated, without regard to fiscal years, for the
23use of the Department of General Services, subject to approval of
24the Department of Finance, in carrying out this article.
25(B) Adjustments in the amounts of the fees, as determined by
26the Department of General Services and approved by the
27Department of Finance, shall be made within the limits set in
28paragraph (7) in order to maintain a reasonable working balance
29in the fund.
30(9) No contract for the construction or alteration of any school
31building, made or executed by the governing board of any
32community college district or other public board, body, or officer
33otherwise
vested with authority to make or execute this contract,
34is valid, and no public money shall be paid for any work done
35under this contract or for any labor or materials furnished in
36constructing or altering the building, unless the plans,
37specifications, and estimates comply in every particular with the
38provisions of this article and the requirements prescribed by the
39Department of General Services and unless the approval thereof
P55 1in writing has first been had and obtained from the Department of
2General Services.
3(d) For purposes of this section, “design professional in
4responsible charge” or “design professional” means the licensed
5architect, licensed structural engineer, or licensed civil engineer
6who is responsible for the completion of the design work involved
7with the project.
Section 89750.5 of the Education Code is amended
9to read:
(a) Notwithstanding Sections 948 and 965.2 of the
11Government Code or any other law, the trustees may settle, adjust,
12or compromise any pending action or final judgment, without the
13need for a recommendation, certification, or approval from any
14other state officer or entity. The Controller shall draw a warrant
15for the payment of any settlement, adjustment, or compromise, or
16final judgment against the trustees if the trustees certify that a
17sufficient appropriation for the payment of the settlement,
18adjustment, compromise, or final judgment exists.
19(b) Notwithstanding paragraph (3) of subdivision (b) of Section
20905.2 of the Government Code or any other law, the trustees may
21pay any
claim for money or damages on express contract or for
22an injury for which the trustees or their officers or employees are
23liable, without approval of the Department of General Services, if
24the trustees determine that payment of the claim is in the best
25interests of the California State University and that funds are
26available to pay the claim. The authority of the trustees conferred
27by this subdivision does not alter any other requirements governing
28claims in the Government Claims Act (Division 3.6 (commencing
29with Section 810) of Title 1 of the Government Code), except to
30grant the trustees authority to pay these claims.
31(c) Notwithstanding Chapter 3 (commencing with Section
3213940) of Part 4 of Division 3 of Title 2 of the Government Code,
33the trustees may discharge from accountability the sum of one
34thousand dollars ($1,000)
or less, owing to the California State
35University, if the trustees determine that the money is uncollectible
36or the amount does not justify the cost of collection. A discharge
37of accountability by the trustees does not release any person from
38the payment of any moneys due the California State University.
Section 1122 of the Fish and Game Code is amended
40to read:
Any claim for damages arising against the state under
2Section 1121 shall be presented to the Department of General
3Services in accordance with Section 905.2 of the Government
4Code, and if not covered by insurance provided pursuant to Section
51121, the claim shall be payable only out of funds appropriated
6by the Legislature for that purpose. If the state elects to insure its
7liability under Section 1121, the
Department of General Services
8may automatically deny the claim.
Section 15512 of the Fish and Game Code is amended
10to read:
(a) If aquatic plants or animals are destroyed pursuant
12to subdivision (e) of Section 15505, the owner shall be promptly
13paid from the General Fund an amount equal to 75 percent of the
14replacement value of the plants or animals, less the value
15determined by the department of any replacement stock provided
16by the department under subdivision (b) if the claim is submitted
17pursuant to Section 15513. If the replacement value is not settled
18between the owner and the department, the replacement value shall
19be determined by an appraiser appointed by the director and an
20appraiser appointed by the owner. Appraiser’s fees shall be paid
21by the appointing party. Disputes between these two appraisers
22shall be
submitted to arbitration under the Commercial Arbitration
23Rules of the American Arbitration Association.
24(b) If the department provides replacement stock to an
25aquaculturist whose plants or animals are destroyed pursuant to
26subdivision (e) of Section 15505, the amount to be paid to the
27aquaculturist pursuant to this section shall be reduced by the value
28of the replacement stock, as determined by the department.
29(c) The result of the arbitration or the amount settled between
30the owner and the department, reduced by the value determined
31by the department of any replacement stock provided under
32subdivision (b), may be submitted as a claim by the owner to the
33Department of General Services pursuant to Section 15513.
Section 3955 of the Food and Agricultural Code is
35amended to read:
Claims against an association shall be presented to the
37Department of General Services in accordance with Part 3
38(commencing with Section 900) and Part 4 (commencing with
39Section 940) of Division 3.6 of Title 1 of the Government Code.
Section 14978.2 of the Food and Agricultural Code
2 is amended to read:
(a) The board may establish the Commercial Feed
4Inspection Committee as an entity to administer this chapter. The
5committee shall consist of eight persons appointed by the board
6who shall be licensed under this chapter. The committee may, with
7the concurrence of the director, appoint one additional member to
8the committee, who shall be a public member. The public member
9shall be a citizen and resident of California who is not subject to
10the licensing requirements of this chapter, and who has no financial
11interest in any person licensed under this chapter.
12(b) Each member shall have an alternate member appointed in
13the same manner as the member,
who shall serve in the absence
14of the member for whom they are designated as alternate and who
15shall have all the duties and exercise the full rights and privileges
16of members.
17(c) The committee may appoint its own officers, including a
18chairperson, one or more vice chairpersons, and other officers as
19it deems necessary. The officers shall have the powers and duties
20delegated to them by the committee.
21(d) The members and alternate members, when acting as
22members, shall serve without compensation but shall be reimbursed
23for expenses necessarily incurred by them in the performance of
24their duties in accordance with the rules of the Department of
25General Services.
26(e) A quorum of the committee shall be five
members. A vote
27of the majority of the members present at a meeting at which there
28is a quorum shall constitute the act of the committee.
29(f) No member or alternate member, or any employee or agent
30thereof, shall be personally liable for the actions of the committee
31or responsible individually in any way for errors in judgment,
32mistakes, or other acts, either by commission or omission, except
33for his or her own individual acts of dishonesty or crime.
Section 52295 of the Food and Agricultural Code is
35amended to read:
Members of the board shall receive no salary but may
37be allowed per diem in accordance with Department of General
38Services rules for attendance at meetings and other board activities
39authorized by the board and approved by the director.
Section 800 of the Government Code is amended to
2read:
(a) In any civil action to appeal or review the award,
4finding, or other determination of any administrative proceeding
5under this code or under any other provision of state law, except
6actions resulting from actions of the Department of General
7Services, if it is shown that the award, finding, or other
8determination of the proceeding was the result of arbitrary or
9capricious action or conduct by a public entity or an officer thereof
10in his or her official capacity, the complainant if he or she prevails
11in the civil action may collect from the public entity reasonable
12attorney’s fees, computed at one hundred dollars ($100) per hour,
13but not to exceed seven thousand five hundred dollars ($7,500),
14if
he or she is personally obligated to pay the fees in addition to
15any other relief granted or other costs awarded.
16(b) This section is ancillary only, and shall not be construed to
17create a new cause of action.
18(c) The refusal by a public entity or officer thereof to admit
19liability pursuant to a contract of insurance shall not be considered
20arbitrary or capricious action or conduct within the meaning of
21this section.
Section 850.6 of the Government Code is amended
23to read:
(a) Whenever a public entity provides fire protection
25or firefighting service outside of the area regularly served and
26protected by the public entity providing that service, the public
27entity providing the service is liable for any injury for which
28liability is imposed by statute caused by its act or omission or the
29act or omission of its employee occurring in the performance of
30that fire protection or firefighting service. Notwithstanding any
31other law, the public entity receiving the fire protection or
32firefighting service is not liable for any act or omission of the
33public entity providing the service or for any act or omission of
34an employee of the public entity providing the service; but the
35public entity
providing the service and the public entity receiving
36the service may by agreement determine the extent, if any, to which
37the public entity receiving the service will be required to indemnify
38the public entity providing the service.
39(b) Notwithstanding any other provision of this section, any
40claims against the state shall be presented to the Department of
P59 1General Services in accordance with Part 3 (commencing with
2Section 900) and Part 4 (commencing with Section 940) of Division
33.6 of Title 1.
Section 900.2 of the Government Code is amended
5to read:
“Board” means:
7(a) In the case of a local public entity, the governing body of
8the local public entity.
9(b) In the case of the state, except as provided by subdivisions
10(c) and (d), the Department of General Services.
11(c) In the case of a judicial branch entity or judge of one of those
12entities, the Judicial Council.
13(d) In the case of the California State University, the Trustees
14of the California State University.
Section 905.2 of the Government Code is amended
16to read:
(a) This section shall apply to claims against the state
18filed with the Department of General Services except as provided
19in subparagraph (B) of paragraph (2) of subdivision (b).
20(b) There shall be presented in accordance with this chapter and
21Chapter 2 (commencing with Section 910) all claims for money
22or damages against the state:
23(1) For which no appropriation has been made or for which no
24fund is available but the settlement of which has been provided
25for by statute or constitutional provision.
26(2) (A) For which the appropriation made or
fund designated
27is exhausted.
28(B) Claims for reissuance of stale, dated, or replacement
29warrants shall be filed with the state entity that originally issued
30the warrant and, if allowed, shall be paid from the issuing entity’s
31current appropriation.
32(3) For money or damages on express contract, or for an injury
33for which the state is liable.
34(4) For which settlement is not otherwise provided for by statute
35or constitutional provision.
36(c) Claimants shall pay a filing fee of twenty-five dollars ($25)
37for filing a claim described in subdivision (b), except for claims
38for reissuance of stale, dated, or replacement warrants as described
39in subparagraph (B)
of paragraph (2) of subdivision (b). This fee
40shall be deposited into the Service Revolving Fund and shall only
P60 1be available for the support of the Department of General Services
2upon appropriation by the Legislature.
3(1) The fee shall not apply to the following persons:
4(A) Persons who are receiving benefits pursuant to the
5Supplemental Security Income (SSI) and State Supplementary
6Payment (SSP) programs (Article 5 (commencing with Section
712200) of Chapter 3 of Part 3 of Division 9 of the Welfare and
8Institutions Code), the California Work Opportunity and
9Responsibility to Kids Act (CalWORKs) program (Chapter 2
10(commencing with Section 11200) of Part 3 of Division 9 of the
11Welfare and Institutions Code), the federal Supplemental Nutrition
12Assistance Program
(SNAP; 7 U.S.C. Sec. 2011 et seq.), or Section
1317000 of the Welfare and Institutions Code.
14(B) Persons whose monthly income is 125 percent or less of the
15current monthly poverty line annually established by the Secretary
16of California Health and Human Services pursuant to the federal
17Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35),
18as amended.
19(C) Persons who are sentenced to imprisonment in a state prison
20or confined in a county jail, or who are residents in a state
21institution and, within 90 days prior to the date the claim is filed,
22have a balance of one hundred dollars ($100) or less credited to
23the inmate’s or resident’s trust account. A certified copy of the
24statement of the account shall be submitted.
25(2) Any claimant who requests a fee waiver shall attach to the
26application a signed affidavit requesting the waiver and verification
27of benefits or income and any other required financial information
28in support of the request for the waiver.
29(3) Notwithstanding any other law, an applicant shall not be
30entitled to a hearing regarding the denial of a request for a fee
31waiver.
32(d) The time for the Department of General Services to
33determine the sufficiency, timeliness, or any other aspect of the
34claim shall begin when any of the following occur:
35(1) The claim is submitted with the filing fee.
36(2) The fee waiver is granted.
37(3) The filing fee is paid to the department upon the
38department’s denial of the fee waiver request, so long as payment
39is received within 10 calendar days of the mailing of the notice of
40the denial.
P61 1(e) Upon approval of the claim by the Department of General
2Services, the fee shall be reimbursed to the claimant, except that
3no fee shall be reimbursed if the approved claim was for the
4payment of an expired warrant. Reimbursement of the filing fee
5shall be paid by the state entity against which the approved claim
6was filed. If the claimant was granted a fee waiver pursuant to this
7section, the amount of the fee shall be paid by the state entity to
8the department. The reimbursement to the claimant or the payment
9to the department shall be made at the time the claim is paid by
10
the state entity, or shall be added to the amount appropriated for
11the claim in an equity claims bill.
12(f) The board may assess a surcharge to the state entity against
13which the approved claim was filed in an amount not to exceed
1415 percent of the total approved claim. The board shall not include
15the refunded filing fee in the surcharge calculation. This surcharge
16shall be deposited into the General Fund and may be appropriated
17in support of the board as reimbursements to Item 7870-001-0001
18of Section 2.00 of the annual Budget Act.
19(1) The surcharge shall not apply to approved claims to reissue
20expired warrants.
21(2) Upon the request of the department in a form prescribed by
22the Controller, the Controller shall transfer the
fees from the state
23entity’s appropriation to the appropriation for the support of the
24department. However, the department shall not request an amount
25that shall be submitted for legislative approval pursuant to Section
2613928.
27(g) The filing fee required by subdivision (c) shall apply to all
28claims filed after June 30, 2004, or the effective date of this statute.
29The surcharge authorized by subdivision (f) may be calculated and
30included in claims paid after June 30, 2004, or the effective date
31of the statute adding this subdivision.
32(h) This section shall not apply to claims made for a violation
33of the California Whistleblower Protection Act (Article 3
34(commencing with Section 8547) of Chapter 6.5 of Division 1 of
35Title 2).
Section 905.3 of the Government Code is amended
37to read:
Notwithstanding any other law to the contrary, no claim
39shall be submitted by a local agency or school district, nor shall a
40claim be considered by the Department of General Services
P62 1pursuant to Section 905.2, if that claim is eligible for consideration
2by the Commission on State Mandates pursuant to Article 1
3(commencing with Section 17550) of Chapter 4 of Part 7 of
4Division 4 of Title 2.
Section 906 of the Government Code is amended to
6read:
(a) As used in this section, “amount allowed on the claim”
8means the amount allowed by the Department of General Services
9on a claim allowed, in whole or in part, or the amount offered by
10the department to settle or compromise a claim.
11(b) Except as otherwise provided in this subdivision, no interest
12is payable on the amount allowed on the claim if payment of the
13claim is subject to approval of an appropriation by the Legislature.
14If an appropriation is made for the payment of a claim described
15in this subdivision, interest on the amount appropriated for the
16payment of the claim commences to accrue 180 days after the
17effective date of the act by which the appropriation is
enacted.
Section 911.2 of the Government Code is amended
19to read:
(a) A claim relating to a cause of action for death or
21for injury to person or to personal property or growing crops shall
22be presented as provided in Article 2 (commencing with Section
23915) not later than six months after the accrual of the cause of
24action. A claim relating to any other cause of action shall be
25presented as provided in Article 2 (commencing with Section 915)
26not later than one year after the accrual of the cause of action.
27(b) For purposes of determining whether a claim was
28commenced within the period provided by law, the date the claim
29was presented to the
Department of General Services is one of the
30following:
31(1) The date the claim is submitted with a twenty-five dollar
32($25) filing fee.
33(2) If a fee waiver is granted, the date the claim was submitted
34with the affidavit requesting the fee waiver.
35(3) If a fee waiver is denied, the date the claim was submitted
36with the affidavit requesting the fee waiver, provided the filing
37fee is paid to the department within 10 calendar days of the mailing
38of the notice of the denial of the fee waiver.
Section 912.5 of the Government Code is amended
40to read:
(a) The Trustees of the California State University shall
2act on a claim against the California State University in accordance
3with the procedure that the Trustees of the California State
4University provide by rule.
5(b) Nothing in this section authorizes the Trustees of the
6California State University to adopt any rule that is inconsistent
7with this part.
8(c) If a claim for money or damages against the California State
9University is mistakenly presented to the Department of General
10Services, the
Department of General Services shall immediately
11notify the claimant of the error and shall include information on
12proper filing of the claim.
Section 915 of the Government Code is amended to
14read:
(a) A claim, any amendment thereto, or an application
16to the public entity for leave to present a late claim shall be
17presented to a local public entity by either of the following means:
18(1) Delivering it to the clerk, secretary or auditor thereof.
19(2) Mailing it to the clerk, secretary, auditor, or to the governing
20body at its principal office.
21(b) Except as provided in subdivisions (c) and (d), a claim, any
22amendment thereto, or an application for leave to file a late claim
23shall be presented to the state by either of the following means:
24(1) Delivering it to an office of the
Department of General
25Services.
26(2) Mailing it to the Department of General Services at its
27principal office.
28(c) A claim, any amendment thereto, or an application for leave
29to file a late claim shall be presented to a judicial branch entity in
30accordance with the following means:
31(1) Delivering or mailing it to the court executive officer, if
32against a superior court or a judge, court executive officer, or trial
33court employee, as defined in Section 811.9, of that court.
34(2) Delivering or mailing it to the clerk/administrator of the
35court of appeals, if against a court of appeals or a judge of that
36court.
37(3) Delivering or mailing it to the Clerk of the Supreme Court,
38if against the Supreme Court or a judge of that court.
P64 1(4) Delivering or mailing it to the Secretariat of the Judicial
2Council, if against the Judicial Council or the Administrative Office
3of the Courts.
4(d) A claim, any amendment thereto, or an application for leave
5to file a late claim shall be presented to the Trustees of the
6California State University by delivering or mailing it to the Office
7of Risk Management at the Office of the Chancellor of the
8California State University.
9(e) A claim, amendment or application shall be deemed to have
10
been presented in compliance with this section even though it is
11not delivered or mailed as provided in this section if, within the
12time prescribed for presentation thereof, any of the following apply:
13(1) It is actually received by the clerk, secretary, auditor, or
14board of the local public entity.
15(2) It is actually received at an office of the Department of
16General Services.
17(3) If against the California State University, it is actually
18received by the Trustees of the California State University.
19(4) If against a judicial branch entity or judge, it is actually
20received by the court executive officer, court clerk/administrator,
21court clerk, or
secretariat of the judicial branch entity.
22(f) A claim, amendment or application shall be deemed to have
23been presented in compliance with this section to a public agency
24as defined in Section 53050 if it is delivered or mailed within the
25time prescribed for presentation thereof in conformity with the
26information contained in the statement in the Roster of Public
27Agencies pertaining to that public agency which is on file at the
28time the claim, amendment or application is delivered or mailed.
29As used in this subdivision, “statement in the Roster of Public
30Agencies” means the statement or amended statement in the Roster
31of Public Agencies in the office of the Secretary of State or in the
32office of the county clerk of any county in which the statement or
33amended statement is on file.
Section 920 of the Government Code is amended to
35read:
As used in this chapter, “omnibus claim appropriation”
37means an act of appropriation, or an item of appropriation in a
38budget act, by which the Legislature appropriates a lump sum to
39pay the claim of the Department of General Services or its secretary
P65 1against the state in an amount that the Legislature has determined
2is properly chargeable to the state.
Section 925 of the Government Code is amended to
4read:
As used in this chapter, “department” means the
6Department of General Services.
Section 925.4 of the Government Code is amended
8to read:
Any person having a claim against the state for which
10appropriations have been made, or for which state funds are
11available, may present it to the Controller in the form and manner
12prescribed by the general rules and regulations adopted by the
13department for the presentation and audit of claims.
Section 925.6 of the Government Code is amended
15to read:
(a) The Controller shall not draw his or her warrant for
17any claim until it has been audited by him or her in conformity
18with law and the general rules and regulations adopted by the
19department, governing the presentation and audit of claims.
20Whenever the Controller is directed by law to draw his or her
21warrant for any purpose, the direction is subject to this section.
22(b) Notwithstanding the provisions of subdivision (a), the
23Assembly Committee on Rules, the Senate Committee on Rules,
24and the Joint Rules Committee, in cooperation with the Controller,
25shall adopt rules and regulations to govern the presentation of
26claims of the committees to the
Controller. The Controller, in
27cooperation with the committees, shall adopt rules and regulations
28governing the audit and recordkeeping of claims of the committees.
29All rules and regulations shall be adopted by January 31, 1990,
30shall be published in the Assembly and Senate Journals, and shall
31be made available to the public.
32(c) Rules and regulations adopted pursuant to subdivision (b)
33shall not be subject to the review by or approval of the Office of
34Administrative Law.
35(d) Records of claims kept by the Controller pursuant to
36subdivision (b) shall be open to public inspection as permitted by
37the California Public Records Act (Chapter 3.5 (commencing with
38Section 6250) of Division 7 of Title 1).
Section 926 of the Government Code is amended to
40read:
If he or she disapproves a claim, the Controller shall file
2it and a statement of his or her disapproval and his or her reasons
3with the department as prescribed in the rules and regulations of
4the department.
Section 926.2 of the Government Code is amended
6to read:
The Controller shall not entertain for a second time a
8claim against the state once rejected by him or her or by the
9Legislature unless such facts are subsequently presented to the
10department as in suits between individuals that would furnish
11sufficient ground for granting a new trial.
Section 926.4 of the Government Code is amended
13to read:
Any person who is aggrieved by the disapproval of a
15claim by the Controller may appeal to the department. If the
16department finds that facts are presented justifying such action,
17the Controller shall reconsider his or her rejection of the claim.
Section 926.6 of the Government Code is amended
19to read:
After final rejection of a claim by the Controller
21following reconsideration, any person interested may appeal to
22the Legislature by filing with the department a notice of appeal.
23Upon receipt of such notice the department shall transmit to the
24Legislature the rejected claim, all papers accompanying it, and a
25statement of the evidence taken before the
department.
Section 927.13 of the Government Code is amended
27to read:
(a) Unless otherwise provided for by statute, any state
29agency that fails to submit a correct claim schedule to the
30Controller within 30 days of receipt of a notice of refund or other
31payment due, and fails to issue payment within 45 days from the
32notice of refund or other payment due, shall be liable for penalties
33on the undisputed amount pursuant to this section. The penalties
34shall be paid out of the agency’s funds at a rate equal to the Pooled
35Money Investment Account daily rate on June 30 of the prior fiscal
36year minus 1 percent. The penalties shall cease to accrue on the
37date full payment or refund is made. If the amount of the penalty
38is ten dollars ($10) or less, the penalty shall be waived and not
39paid by the state agency. On an
exception basis, state agencies
40may avoid payment of penalties for failure to submit a correct
P67 1claim schedule to the Controller by paying the claimant directly
2from the state agency’s revolving fund within 45 calendar days
3following the agency’s receipt of the notice of refund or other
4payment due.
5(b) The Controller shall pay claimants within 15 calendar days
6of receipt of a correct claim schedule from the state agency. If the
7Controller fails to make payment within 15 calendar days of receipt
8of the claim schedule from a state agency, and payment is not
9issued within 45 calendar days following the agency’s receipt of
10a notice of refund or undisputed payment due, the Controller shall
11pay applicable penalties to the claimant. Penalties shall cease to
12accrue on the date full payment is made, and shall be paid out of
13the Controller’s
funds. If the amount of the penalty is ten dollars
14($10) or less, the penalty shall be waived and not paid by the
15Controller.
16(c) No person shall receive an interest payment pursuant to this
17section if it is determined that the person has intentionally overpaid
18on a liability solely for the purpose of receiving a penalty payment.
19(d) No penalty shall accrue during any time period for which
20there is no Budget Act in effect, nor on any payment or refund that
21is the result of a federally mandated program or that is directly
22dependent upon the receipt of federal funds by a state agency.
23(e) This section shall not apply to any of the following:
24(1) Payments, refunds, or credits for income tax purposes.
25(2) Payment of claims for reimbursement for health care services
26or mental health services provided under the Medi-Cal program,
27pursuant to Chapter 7 (commencing with Section 14000) of Part
28
3 of Division 9 of the Welfare and Institutions Code.
29(3) Any payment made pursuant to a public social service or
30public health program to a recipient of benefits under that program.
31(4) Payments made on claims by the Department of General
32Services.
33(5) Payments made by the Commission on State Mandates.
34(6) Payments made by the Department of Human Resources
35pursuant to Section 19823.
Section 935.6 of the Government Code is amended
37to read:
(a) The Department of General Services may authorize
39any state agency to settle and pay claims filed pursuant to Section
40905.2 if the settlement does not exceed one thousand dollars
P68 1($1,000) or a lesser amount as the department may determine, or
2to reject the claim and provide the notice required by Section 913.
3The
department may require state agencies that it so authorizes to
4report annually to the department concerning the claims resolved
5pursuant to this section.
6(b) As used in this section, “state agency” means any office,
7officer, department, division, bureau, board, commission, or agency
8of the state, claims against which are paid by warrants drawn by
9the Controller, but does not mean any judicial branch entity, as
10defined in Section 900.3, or any judge thereof.
Section 935.7 of the Government Code is amended
12to read:
(a) Notwithstanding Section 935.6, the Department of
14Transportation may deny or adjust and pay any claim arising out
15of the activities of the department without the prior approval of
16the Department of General Services if both of the following
17conditions exist:
18(1) The amount claimed is equal to or less than the amount
19specified as the small claims court jurisdictional amount in Section
20116.221 of the Code of Civil Procedure.
21(2) The Director of Finance or the Director of Transportation
22certifies that a sufficient appropriation for the payment of the claim
23exists.
24(b) If the department elects not to pay any claim, the department
25shall provide the notice required by Section 913.
26(c) Any person who submits any claim arising out of any activity
27of the Department of Transportation shall comply with every other
28applicable provision of this part relating to claims against state
29agencies.
Section 940.2 of the Government Code is amended
31to read:
“Board” means:
33(a) In the case of a local public entity, the governing body of
34the local public entity.
35(b) In the case of the state, except as provided by subdivisions
36(c) and (d), the Department of General Services.
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.
Section 965 of the Government Code is amended to
2read:
(a) Upon the allowance by the Department of General
4Services of all or part of a claim for which the Director of Finance
5certifies that a sufficient appropriation for the payment of the claim
6exists, and the execution and presentation of documents the
7department may require that discharge the state of all liability
8under the claim, the department shall designate the fund from
9which the claim is to be paid, and the state agency concerned shall
10pay the claim from that fund. If there is no sufficient appropriation
11for the payment available, the department shall report to the
12Legislature in accordance with Section 912.8. Claims arising out
13of the activities of the State Department of Transportation may be
14paid if either the Director of
Transportation or the Director of
15Finance certifies that a sufficient appropriation for the payment of
16the claim exists.
17(b) Notwithstanding subdivision (a), if there is no sufficient
18appropriation for the payment of claims, settlements, or judgments
19against the state arising from an action in which the state is
20
represented by the Attorney General, the Attorney General shall
21report the claims, settlements, and judgments to the chairperson
22of either the Senate Committee on Appropriations or the Assembly
23Committee on Appropriations, who shall cause to be introduced
24legislation appropriating funds for the payment of the claims,
25settlements, or judgments.
26(c) Notwithstanding subdivision (a) or (b), claims, settlements,
27or judgments arising out of the activities of a judicial branch entity,
28as defined by Sections 900.3 and 940.3, or a judge thereof may be
29paid if the Judicial Council authorizes payment and the
30Administrative Director of the Courts certifies that sufficient funds
31for that payment exist from funds allocated to settlement,
32adjustment, and compromise of actions and claims. If sufficient
33funds for payment of settlements or
judgments do not exist, the
34Administrative Director of the Courts shall report the settlements
35and judgments to the chairperson of either the Senate Committee
36on Appropriations or the Assembly Committee on Appropriations,
37who shall cause to be introduced legislation appropriating funds
38for the payment of the settlements or judgments. If sufficient funds
39for payment of claims do not exist, the Administrative Director of
40the Courts shall report the claims to the Department of General
P70 1Services, which shall have 90 days to object to payment. The
2Administrative Director of the Courts shall confer with the Director
3of
General Services regarding any objection received during the
490-day period. If the Department of General Services withdraws
5the objection, or if no objection was received, the Administrative
6Director of the Courts shall report the claims to the chairperson of
7either the Senate Committee on Appropriations or the Assembly
8Committee on Appropriations, who shall cause to be introduced
9legislation appropriating funds for the payment of the claims. The
10Judicial Council may authorize any committee of the Judicial
11Council or any employee of the Administrative Office of the Courts
12to perform the functions of the Judicial Council under this section.
13The Administrative Director of the Courts may designate an
14executive staff member of the Administrative Office of the Courts
15to perform the functions of the Administrative Director of the
16Courts under this
section.
Section 965.1 of the Government Code is amended
18to read:
The Director of General Services may allow a claim
20filed pursuant to subdivision (c) of Section 905.2 if the settlement
21amount of that claim does not exceed fifty thousand dollars
22($50,000), or to reject any claim as so described.
Section 965.5 of the Government Code is amended
24to read:
(a) A judgment for the payment of money against the
26state or a state agency is enforceable until 10 years after the time
27the judgment becomes final or, if the judgment is payable in
28installments, until 10 years after the final installment becomes due.
29(b) A judgment for the payment of money against the state or
30a state agency is not enforceable under Title 9 (commencing with
31Section 680.010) of Part 2 of the Code of Civil Procedure, but is
32enforceable under this chapter.
33(c) Interest on the amount of a judgment or settlement for the
34payment of moneys against the state shall commence to accrue
35180 days from the date of
the final judgment or settlement.
36(d) Unless another statute provides a different interest rate,
37interest on a tax or fee judgment for the payment of moneys against
38the state shall accrue at a rate equal to the weekly average one year
39constant maturity United States Treasury yield at the time of the
40judgment plus 2 percent, but shall not exceed 7 percent per annum.
P71 1(e) Subdivisions (c) and (d) shall not apply to any claim
2approved by the Department of General Services.
Section 997.1 of the Government Code is amended
4to read:
(a) Any person may file an application with the
6Department of General Services for compensation based on
7personal property loss, personal injury, or death, including
8noneconomic loss, arising from the Bay Bridge or I-880 Cypress
9structure collapse caused by the October 17, 1989, earthquake.
10Any application made pursuant to this section shall be presented
11to the department no later than April 18, 1990, on forms prescribed
12and provided by the department, except that a late claim may be
13presented to the department pursuant to the procedure specified
14by Section 911.4. Each presented application shall be verified
15under penalty of perjury and shall contain all of the following
16information:
17(1) The name of the injured party or in the event of loss of life,
18the name and age of the decedent and the names and ages of heirs
19as defined in subdivision (b) of Section 377 of the Code of Civil
20Procedure.
21(2) An authorization permitting the department to obtain relevant
22medical and employment records.
23(3) A brief statement describing when, where, and how the
24injury or death occurred.
25(4) A statement as to whether the applicant wishes to apply for
26emergency relief provided pursuant to Section 997.2.
27(b) Upon receipt of an application, the department shall evaluate
28the application and may require
the applicant to submit additional
29information or documents that are necessary to verify and evaluate
30the application. The department shall resolve an application within
31six months from the date of presentation of the application unless
32this period of time is extended by mutual agreement between the
33department and the applicant. Any application that is not resolved
34within this resolution period shall be deemed denied.
35(c) Following resolution of an application, if the applicant
36desires to pursue additional remedies otherwise provided by this
37division, the applicant shall file a court action within six months
38of the mailing date of the department’s rejection or denial of the
39application or the applicant’s rejection of the department’s offer.
P72 1(d) Any claim pursuant to Part
3 (commencing with Section
2900) made before or after the effective date of this part for personal
3property loss, personal injury, or death resulting from the collapse
4of the Bay Bridge or the I-880 Cypress structure against the State
5of California, its agencies, officers, or employees, shall be deemed
6to be an application under this part and subject to the provisions
7set forth in this part. Additionally, any application made pursuant
8to this part shall be deemed to be in compliance with Part 3
9(commencing with Section 900).
10(e) Notwithstanding any other law, resolution of applications
11pursuant to the provisions of this part is a condition precedent to
12the filing of any action for personal property loss, personal injury,
13or death resulting from the collapse of the Bay Bridge or the I-880
14Cypress structure in any court of the State of California
against
15the State of California, its agencies, officers, or employees. Any
16suit filed by an applicant in any court of this state against the State
17of California or its agencies, officers, or employees shall be stayed
18pending resolution of the application.
Section 998.2 of the Government Code is amended
20to read:
(a) Any person or business may file an application with
22the Department of General Services for compensation based on
23personal injury, property loss, business loss, or other economic
24loss, claimed to have been incurred as a result of the Lake Davis
25Northern Pike Eradication Project. Any application made pursuant
26to this section shall be presented to the department in accordance
27with this division. A late claim may be presented to the department
28pursuant to the procedure specified by Section 911.4. Each
29application shall contain, in addition to the information required
30by Section 910, all of the following:
31(1) The legal name of any
business claiming a loss, as well as
32the names of the owners and officers of the business.
33(2) For any property owner claiming diminution of property
34value, the names of all persons holding a legal interest in the
35property.
36(3) The name of any person claiming to have suffered personal
37injury.
38(4) An authorization permitting the office of the Attorney
39General or its designee to obtain relevant medical, employment,
40business, property, and tax records.
P73 1(5) A brief statement describing when, where, and how the
2injury, loss, or diminution in market value occurred.
3(b) Upon receipt of an application
presented pursuant to this
4section from the Department of General Services, the office of the
5Attorney General or its designee shall examine the application and
6may require the applicant to submit additional information or
7documents that are necessary to verify and evaluate the application.
8The office of the Attorney General or its designee shall attempt to
9resolve an application within six months from the effective date
10of this part unless this period of time is extended by mutual
11agreement between the office of the Attorney General or its
12designee and the applicant. Any application that does not result in
13a final settlement agreement within the resolution period shall be
14deemed denied, allowing the claimant to proceed with a court
15action pursuant to Chapter 2 (commencing with Section 945) of
16Part 4.
17(c) The office of the
Attorney General or its designee shall adopt
18guidelines in consultation with one representative designated by
19the City of Portola, one representative designated by the County
20of Plumas, and one member of the public to be selected jointly by
21the city and the county. Any guidelines so developed shall be used
22to evaluate and settle claims filed pursuant to this part.
23Notwithstanding Chapter 3.5 (commencing with Section 11340)
24of Part 1 of Division 3 of Title 2, any regulations adopted
25thereunder by the Attorney General in order to implement this
26section shall not be subject to the review and approval of the Office
27of Administrative Law, nor subject to the Administrative Procedure
28Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
29(commencing with Section 11370), Chapter 4.5 (commencing with
30Section 11400), and Chapter 5 (commencing with Section 11500)
31of Part 1 of Division 3 of Title
2).
32(d) Any court action following denial of an application,
33including denial pursuant to subdivision (b), shall be filed within
34six months of the mailing date of the department’s rejection or
35denial of the application or the applicant’s rejection of the
36
department’s offer pursuant to Section 945.6 or subdivision (b) of
37Section 998.3.
38(e) Any claim pursuant to Part 3 (commencing with Section
39900) made before or after the effective date of this part for personal
40injury, property loss, business loss, or other economic loss resulting
P74 1from the Lake Davis Northern Pike Eradication Project against
2the State of California or it’s agencies, officers, or employees,
3shall be deemed to be an application under this part and is subject
4to the provisions set forth in this part. Additionally, any application
5made pursuant to this part shall be deemed to be in compliance
6with Part 3 (commencing with Section 900).
7(f) Notwithstanding any other law, the resolution or denial of
8an application pursuant to this part is a condition precedent
to the
9filing of any action for personal injury, property damage, business
10loss, or other economic loss, resulting from the Lake Davis
11Northern Pike Eradication Project in any court of the State of
12California, against the State of California or it’s agencies, officers,
13or employees. Any suit filed by an applicant in any court of this
14state against the State of California or its agencies, officers, or
15employees shall be stayed pending resolution or denial of the
16application.
Section 1151 of the Government Code is amended
18to read:
State employees may authorize deductions to be made
20from their salaries or wages for payment of one or more of the
21following:
22(a) Insurance premiums or other employee benefit programs
23sponsored by a state agency under appropriate statutory authority.
24(b) Premiums on National Service Life Insurance or United
25States Government Converted Insurance.
26(c) Shares or obligations to any regularly chartered credit union.
27(d) Recurrent fees or charges payable to a state agency for a
28program
that has a purpose related to government, as determined
29by the Controller.
30(e) The purchase of United States savings bonds in accordance
31with procedures established by the Controller.
32(f) Payment of charitable contributions under any plan approved
33by the Department of General Services in accordance with
34procedures established by the Controller.
35(g) Passes, tickets, or tokens issued for a period of one month,
36or more, by a public transportation system.
37(h) Deposit into an employee’s account with a state or federal
38bank or savings and loan association located in this state, for
39services offered by that bank or savings and loan association.
P75 1(i) The purchase of any investment or thrift certificate issued
2by an industrial loan company licensed by this state.
Section 3515.7 of the Government Code is amended
4to read:
(a) Once an employee organization is recognized as
6the exclusive representative of an appropriate unit it may enter
7into an agreement with the state employer providing for
8organizational security in the form of maintenance of membership
9or fair share fee deduction.
10(b) The state employer shall furnish the recognized employee
11organization with sufficient employment data to allow the
12organization to calculate membership fees and the appropriate fair
13share fees, and shall deduct the amount specified by the recognized
14employee organization from the salary or wages of every employee
15for the membership fee or the fair share fee. These fees shall be
16remitted
monthly to the recognized employee organization along
17with an adequate itemized record of the deductions, including, if
18required by the recognized employee organization, machine
19readable data. Fair share fee deductions shall continue until the
20effective date of a successor agreement or implementation of the
21state’s last, best, and final offer, whichever occurs first. The
22Controller shall retain, from the fair share fee deduction, an amount
23equal to the cost of administering this section. The state employer
24shall not be liable in any action by a state employee seeking
25recovery of, or damages for, improper use or calculation of fair
26share fees.
27(c) Notwithstanding subdivision (b), any employee who is a
28member of a religious body whose traditional tenets or teachings
29include objections to joining or financially supporting employee
30organizations
shall not be required to financially support the
31recognized employee organization. That employee, in lieu of a
32membership fee or a fair share fee deduction, shall instruct the
33
employer to deduct and pay sums equal to the fair share fee to a
34nonreligious, nonlabor organization, charitable fund approved by
35the Department of General Services for receipt of charitable
36contributions by payroll deductions.
37(d) A fair share fee provision in a memorandum of understanding
38that is in effect may be rescinded by a majority vote of all the
39employees in the unit covered by the memorandum of
40understanding, provided that: (1) a request for the vote is supported
P76 1by a petition containing the signatures of at least 30 percent of the
2employees in the unit; (2) the vote is by secret ballot; and (3) the
3vote may be taken at any time during the term of the memorandum
4of understanding, but in no event shall there be more than one vote
5taken during the term. If the Department of General Services
6determines that the
appropriate number of signatures have been
7collected, it shall conduct the vote in a manner that it shall
8prescribe. Notwithstanding this subdivision, the state employer
9and the recognized employee organization may negotiate, and by
10mutual agreement provide for, an alternative procedure or
11procedures regarding a vote on a fair share fee provision.
12(e) Every recognized employee organization that has agreed to
13a fair share fee provision shall keep an adequate itemized record
14of its financial transactions and shall make available annually, to
15the Department of General Services and to the employees in the
16unit, within 90 days after the end of its fiscal year, a detailed
17written financial report thereof in the form of a balance sheet and
18an operating statement, certified as to accuracy by its president
19and treasurer or comparable officers. In the
event of failure of
20compliance with this section, any employee in the unit may petition
21the Department of General Services for an order compelling this
22compliance, or the Department of General Services may issue a
23compliance order on its own motion.
24(f) If an employee who holds conscientious objections pursuant
25to subdivision (c) requests individual representation in a grievance,
26arbitration, or administrative hearing from the recognized employee
27organization, the recognized employee organization is authorized
28to charge the employee for the reasonable cost of the representation.
29(g) An employee who pays a fair share fee shall be entitled to
30fair and impartial representation by the recognized employee
31organization. A breach of this duty shall be deemed to have
32occurred if the
employee organization’s conduct in representation
33is arbitrary, discriminatory, or in bad faith.
Section 6254.17 of the Government Code is amended
35to read:
(a) Nothing in this chapter shall be construed to
37require disclosure of records of the California Victim
38Compensation Board that relate to a request for assistance under
39Article 1 (commencing with Section 13950) of Chapter 5 of Part
404 of Division 3 of Title 2.
P77 1(b) This section shall not apply to a disclosure of the following
2information, if no information is disclosed that connects the
3information to a specific victim, derivative victim, or applicant
4under Article 1 (commencing with Section 13950) of Chapter 5
5of Part 4 of Division 3 of Title 2:
6(1) The amount of money paid to a specific provider of services.
7(2) Summary data concerning the types of crimes for which
8assistance is provided.
Section 6276.08 of the Government Code is amended
10to read:
Cable television subscriber information,
12confidentiality of, Section 637.5, Penal Code.
13CalFresh, disclosure of information, Section 18909, Welfare and
14Institutions Code.
15California AIDS Program, personal data, confidentiality, Section
16120820, Health and Safety Code.
17California Apple Commission, confidentiality of lists of persons,
18Section 75598, Food and Agricultural Code.
19California Apple Commission, confidentiality of proprietary
20information from producers or handlers, Section 75633, Food and
21Agricultural Code.
22California Asparagus Commission,
confidentiality of lists of
23producers, Section 78262, Food and Agricultural Code.
24California Asparagus Commission, confidentiality of proprietary
25information from producers, Section 78288, Food and Agricultural
26Code.
27California Avocado Commission, confidentiality of information
28from handlers, Section 67094, Food and Agricultural Code.
29California Avocado Commission, confidentiality of proprietary
30information from handlers, Section 67104, Food and Agricultural
31Code.
32California Cherry Commission, confidentiality of proprietary
33information from producers, processors, shippers, or
34grower-handlers, Section 76144, Food and Agricultural Code.
35California Children’s Services Program, confidentiality of
factor
36replacement therapy contracts, Section 123853, Health and Safety
37Code.
38California Cut Flower Commission, confidentiality of lists of
39
producers, Section 77963, Food and Agricultural Code.
P78 1California Cut Flower Commission, confidentiality of proprietary
2information from producers, Section 77988, Food and Agricultural
3Code.
4California Date Commission, confidentiality of proprietary
5information from producers and grower-handlers, Section 77843,
6Food and Agricultural Code.
7California Egg Commission, confidentiality of proprietary
8information from handlers or distributors, Section 75134, Food
9and Agricultural Code.
10California Forest Products Commission, confidentiality of lists
11of persons, Section 77589, Food and Agricultural Code.
12California Forest Products Commission, confidentiality of
13proprietary information
from producers, Section 77624, Food and
14Agricultural Code.
15California Iceberg Lettuce Commission, confidentiality of
16information from handlers, Section 66624, Food and Agricultural
17Code.
18California Kiwifruit Commission, confidentiality of proprietary
19information from producers or handlers, Section 68104, Food and
20Agricultural Code.
21California Navel Orange Commission, confidentiality of
22proprietary information from producers or handlers and lists of
23producers and handlers, Section 73257, Food and Agricultural
24Code.
25California Pepper Commission, confidentiality of lists of
26producers and handlers, Section 77298, Food and Agricultural
27Code.
28California Pepper Commission,
confidentiality of proprietary
29information from producers or handlers, Section 77334, Food and
30Agricultural Code.
31California Pistachio Commission, confidentiality of proprietary
32information from producers or processors, Section 69045, Food
33and Agricultural Code.
34California Salmon Commission, confidentiality of fee
35transactions records, Section 76901.5, Food and Agricultural Code.
36California Salmon Commission, confidentiality of request for
37list of commercial salmon vessel operators, Section 76950, Food
38and Agricultural Code.
39California Seafood Council, confidentiality of fee transaction
40records, Section 78553, Food and Agricultural Code.
P79 1California Seafood Council, confidentiality of information on
2volume
of fish landed, Section 78575, Food and Agricultural Code.
3California Sheep Commission, confidentiality of proprietary
4information from producers or handlers and lists of producers,
5Section 76343, Food and Agricultural Code.
6California State University contract law, bids, questionnaires
7and financial statements, Section 10763, Public Contract Code.
8California State University Investigation of Reported Improper
9Governmental Activities Act, confidentiality of investigative audits
10completed pursuant to the act, Section 89574, Education Code.
11California Table Grape Commission, confidentiality of
12information from shippers, Section 65603, Food and Agricultural
13Code.
14California Tomato Commission,
confidentiality of lists of
15producers, handlers, and others, Section 78679, Food and
16Agricultural Code.
17California Tomato Commission, confidentiality of proprietary
18information, Section 78704, Food and Agricultural Code.
19California Tourism Marketing Act, confidentiality of information
20pertaining to businesses paying the assessment under the act,
21Section 13995.54.
22California Victim Compensation Board, disclosure not required
23of records relating to assistance requests under Article 1
24(commencing with Section 13950) of Chapter 5 of Part 4 of
25Division 3 of Title 2, Section 6254.17.
26California Walnut Commission, confidentiality of lists of
27producers, Section 77101, Food and Agricultural Code.
28California
Walnut Commission, confidentiality of proprietary
29information from producers or handlers, Section 77154, Food and
30Agricultural Code.
31California Wheat Commission, confidentiality of proprietary
32information from handlers and lists of producers, Section 72104,
33Food and Agricultural Code.
34California Wheat Commission, confidentiality of requests for
35
assessment refund, Section 72109, Food and Agricultural Code.
36California Wine Commission, confidentiality of proprietary
37information from producers or vintners, Section 74655, Food and
38Agricultural Code.
P80 1California Wine Grape Commission, confidentiality of
2proprietary information from producers and vintners, Section
374955, Food and Agricultural Code.
Section 7599.2 of the Government Code is amended
5to read:
Distribution of Moneys from the Safe Neighborhoods
7and Schools Fund.
8(a) By August 15 of each fiscal year beginning in 2016, the
9Controller shall disburse moneys deposited in the Safe
10Neighborhoods and Schools Fund as follows:
11(1) Twenty-five percent to the State Department of Education,
12to administer a grant program to public agencies aimed at
13improving outcomes for public school pupils in kindergarten and
14grades 1 to 12, inclusive, by reducing truancy and supporting
15students who are at risk of dropping out of school or are victims
16of crime.
17(2) Ten percent to the
California Victim Compensation
Board,
18to make grants to trauma recovery centers to provide services to
19victims of crime pursuant to Section 13963.1 of the Government
20Code.
21(3) Sixty-five percent to the Board of State and Community
22Corrections, to administer a grant program to public agencies aimed
23at supporting mental health treatment, substance abuse treatment,
24and diversion programs for people in the criminal justice system,
25with an emphasis on programs that reduce recidivism of people
26convicted of less serious crimes, such as those covered by this
27measure, and those who have substance abuse and mental health
28problems.
29(b) For each program set forth in paragraphs (1) to (3), inclusive,
30of subdivision (a), the agency responsible for administering the
31programs shall not spend more than 5
percent of the total funds it
32receives from the Safe Neighborhoods and Schools Fund on an
33annual basis for administrative costs.
34(c) Every two years, the Controller shall conduct an audit of the
35grant programs operated by the agencies specified in paragraphs
36(1) to (3), inclusive, of subdivision (a) to ensure the funds are
37disbursed and expended solely according to this chapter and shall
38report his or her findings to the Legislature and the public.
39(d) Any costs incurred by the Controller and the Director of
40Finance in connection with the administration of the Safe
P81 1Neighborhoods and Schools Fund, including the costs of the
2calculation required by Section 7599.1 and the audit required by
3subdivision (c), as determined by the Director of Finance, shall be
4deducted from the Safe
Neighborhoods and Schools Fund before
5the funds are disbursed pursuant to subdivision (a).
6(e) The funding established pursuant to this act shall be used to
7expand programs for public school pupils in kindergarten and
8grades 1 to 12, inclusive, victims of crime, and mental health and
9substance abuse treatment and diversion programs for people in
10the criminal justice system. These funds shall not be used to
11supplant existing state or local funds utilized for these purposes.
12(f) Local agencies shall not be obligated to provide programs
13or levels of service described in this chapter above the level for
14which funding has been provided.
Section 8652 of the Government Code is amended
16to read:
Before payment may be made by the state to any person
18in reimbursement for taking or damaging private property
19necessarily utilized by the Governor in carrying out his or her
20responsibilities under this chapter during a state of war emergency
21or state of emergency, or for services rendered at the instance of
22the Governor under those conditions, the person shall present a
23claim to the Department of General Services in accordance with
24the provisions of the Government Code governing the presentation
25of claims against the state for the taking or damaging of private
26
property for public use, which provisions shall govern the
27presentment, allowance, or rejection of the claims and the
28conditions upon which suit may be brought against the state.
29Payment for property or services shall be made from any funds
30appropriated by the state for that purpose.
Section 8902 of the Government Code is amended
32to read:
During those times that a Member of the Legislature is
34required to be in Sacramento to attend a session of the Legislature
35and during those times that a member is traveling to and from, or
36is in attendance at, any meeting of a committee of which he or she
37is a member or is attending to any other legislative function or
38responsibility as authorized or directed by the rules of the house
39of which he or she is a member or by the joint rules, he or she shall
40be entitled to reimbursement of his or her living expenses at a rate
P82 1established by the Department of General Services that is not less
2than the rate provided to federal employees traveling to
3Sacramento.
Article 5.2 (commencing with Section 9112) is added
5to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
6Code, to read:
7
(a) Notwithstanding any other law, including Section
119108, the Joint Rules Committee may pursue the construction of
12a state capitol building annex or the restoration, rehabilitation,
13renovation, or reconstruction of the State Capitol Building Annex
14described in Section 9105.
15(b) (1) All work performed pursuant to this article shall be
16administered and supervised by the Department of General
17Services, subject to review by the State Public Works Board,
18pursuant to an agreement with the Joint Rules Committee.
19(2) The Department of General Services shall report to the Joint
20Rules Committee
on the scope, budget, delivery method, and
21schedule for any space to be constructed, restored, rehabilitated,
22renovated, or reconstructed pursuant to this article.
23(c) (1) Notwithstanding any other law, any action or proceeding
24alleging that a public agency has approved or is undertaking work
25pursuant to this article in violation of the California Environmental
26Quality Act (Division 13 (commencing with Section 21000) of
27the Public Resources Code) shall be subject to Chapter 6.7
28(commencing with Section 21189.50) of Division 13 of the Public
29Resources Code.
30(2) The State Public Works Board shall not be deemed a lead
31or responsible agency for purposes of the California Environmental
32Quality Act (Division 13 (commencing with Section 21000) of
33the Public
Resources Code) for any activities under this article.
34This section is declarative of existing law.
35(d) Notwithstanding any other law, all work performed pursuant
36to this article by the Department of General Services shall be
37exempt from the State Contract Act (Chapter 1 (commencing with
38Section 10100) of Part 2 of Division 2 of the Public Contract
39Code).
P83 1(e) Prevailing wages shall be paid to all workers employed on
2a project that is subject to this article, in accordance with Article
32 (commencing with Section 1770) of Chapter 1 of Part 7 of
4Division 2 of the Labor Code.
Section 11007.6 of the Government Code is amended
6to read:
Any state agency may, subject to rules and regulations
8of the Department of General Services, insure its officers and
9employees not covered by Part 2.6 (commencing with Section
1019815) of Division 5 against injury or death incurred while flying
11on state business in any, except regularly scheduled, passenger
12aircraft.
Section 11014 of the Government Code is amended
14to read:
(a) In exercising the powers and duties granted to and
16imposed upon it, any state agency may construct and maintain
17communication lines as may be necessary.
18(b) In providing communications and necessary powerlines in
19connection with activities under subdivision (a), the agency, with
20the approval of the Department of General Services, may enter
21into contracts with owners of similar facilities for use of their
22facilities, such as pole lines, and provisions may be made for
23indemnification and holding harmless of the owners of those
24facilities by reason of this use. Insurance may be purchased by the
25Department of General Services, upon request of
the agency, to
26protect the state against loss or expense arising out of the contract.
27(c) Any claim for damages arising against the state under this
28section shall be presented to the Department of General Services
29in accordance with Sections 905.2 and 945.4, and if not covered
30by insurance as provided under subdivision (b), the claim shall be
31payable only out of funds appropriated by the Legislature for this
32purpose. If the state elects to insure its liability under this section,
33the Department of General Services may automatically deny that
34claim.
Section 11030.1 of the Government Code is amended
36to read:
When a state employee not covered by Part 2.6
38(commencing with Section 19815) of Division 5 dies while
39traveling on official state business, the state shall, under rules and
40regulations adopted by the Department of General Services, pay
P84 1the traveling expenses necessary to return the body to his or her
2official headquarters or the place of burial. This subdivision shall
3not be construed to authorize the payment of the traveling expenses,
4either going or returning, of one accompanying that body.
Section 11030.2 of the Government Code is amended
6to read:
Any state officer or employee not covered by Part
82.6 (commencing with Section 19815) of Division 5 when working
9overtime at his or her headquarters on state business may receive
10his or her actual and necessary expenses, during his or her regular
11workweek, subject to rules and regulations adopted by the
12Department of General Services limiting the amount of the
13expenses and prescribing the conditions under which the expenses
14may be paid. However, each state agency may determine the
15necessity for and limit these expenses of its employees in a manner
16that does not conflict with and is within the limitations prescribed
17by the Department of General Services.
Section 11031 of the Government Code is amended
19to read:
The headquarters of elective constitutional officers,
21other than Members of the Legislature, shall be established by the
22filing of a written statement with the Department of General
23Services that certifies that the selected headquarters is the place
24where the officer spends the largest portion of his or her regular
25workdays or working time.
Section 11125.7 of the Government Code is amended
27to read:
(a) Except as otherwise provided in this section, the
29state body shall provide an opportunity for members of the public
30to directly address the state body on each agenda item before or
31during the state body’s discussion or consideration of the item.
32This section is not applicable if the agenda item has already been
33considered by a committee composed exclusively of members of
34the state body at a public meeting where interested members of
35the public were afforded the opportunity to address the committee
36on the item, before or during the committee’s consideration of the
37item, unless the item has been substantially changed since the
38committee heard the item, as determined by the state body. Every
39notice for a special meeting at which action is
proposed to be taken
40on an item shall provide an opportunity for members of the public
P85 1to directly address the state body concerning that item prior to
2action on the item. In addition, the notice requirement of Section
311125 shall not preclude the acceptance of testimony at meetings,
4other than emergency meetings, from members of the public if no
5action is taken by the state body at the same meeting on matters
6brought before the body by members of the public.
7(b) The state body may adopt reasonable regulations to ensure
8that the intent of subdivision (a) is carried out, including, but not
9limited to, regulations limiting the total amount of time allocated
10for public comment on particular issues and for each individual
11speaker.
12(c) (1) Notwithstanding
subdivision (b), when a state body
13limits time for public comment the state body shall provide at least
14twice the allotted time to a member of the public who utilizes a
15translator to ensure that non-English speakers receive the same
16opportunity to directly address the state body.
17(2) Paragraph (1) shall not apply if the state body utilizes
18simultaneous translation equipment in a manner that allows the
19state body to hear the translated public testimony simultaneously.
20(d) The state body shall not prohibit public criticism of the
21policies, programs, or services of the state body, or of the acts or
22omissions of the state body. Nothing in this subdivision shall confer
23any privilege or protection for expression beyond that otherwise
24provided by law.
25(e) This section is not applicable to closed sessions held pursuant
26to Section 11126.
27(f) This section is not applicable to decisions regarding
28proceedings held pursuant to Chapter 5 (commencing with Section
2911500), relating to administrative adjudication, or to the conduct
30of those proceedings.
31(g) This section is not applicable to hearings conducted by the
32California Victim Compensation Board pursuant to Sections 13963
33and 13963.1.
34(h) This section is not applicable to agenda items that involve
35decisions of the Public Utilities Commission regarding adjudicatory
36hearings held pursuant to Chapter 9 (commencing with Section
371701) of Part 1 of Division 1 of
the Public Utilities Code. For all
38other agenda items, the commission shall provide members of the
39public, other than those who have already participated in the
40proceedings underlying the agenda item, an opportunity to directly
P86 1address the commission before or during the commission’s
2consideration of the item.
Section 11125.8 of the Government Code is amended
4to read:
(a) Notwithstanding Section 11131.5, in any hearing
6that the California Victim Compensation Board conducts pursuant
7to Section 13963.1 and that the applicant or applicant’s
8representative does not request be open to the public, no notice,
9agenda, announcement, or report required under this article need
10identify the applicant.
11(b) In any hearing that the board conducts pursuant to Section
1213963.1 and that the applicant or applicant’s representative does
13not request be open to the public, the board shall disclose that the
14hearing is being held pursuant to Section 13963.1. That disclosure
15shall be deemed to satisfy the requirements of subdivision (a)
of
16Section 11126.3.
Section 11270 of the Government Code is amended
18to read:
As used in this article, “administrative costs” means
20the amounts expended by the Legislature, the Legislative Counsel
21Bureau, the Governor’s Office, the Department of Technology,
22the Office of Planning and Research, the Department of Justice,
23the State Controller’s Office, the State Treasurer’s Office, the State
24Personnel Board, the Department of Finance, the Department of
25 Financial Information System for California, the Office of
26Administrative Law, the Department of Human Resources, the
27Secretary of California Health and Human Services, the California
28State Auditor’s Office, and the California State Library, and a
29proration of any other cost to or expense of the state for services
30or facilities provided for the Legislature and the above agencies,
31for supervision
or administration of the state government or for
32services to other state agencies.
Section 11270.1 of the Government Code is amended
34to read:
(a) The Central Service Cost Recovery Fund is hereby
36created in the State Treasury. The Central Service Cost Recovery
37Fund shall consist of those amounts transferred in accordance with
38Section 11274, and any interest earnings. Money in the Central
39Service Cost Recovery Fund shall be appropriated for the
40administration of the state government, as determined or
P87 1redetermined by the Department of Finance in accordance with
2this article and Sections 13332.02 and 13332.03.
3(b) Unless otherwise authorized by law, moneys in the Central
4Service Cost Recovery Fund, to the extent not currently required
5to fund any appropriation, shall not be used, loaned,
borrowed,
6assessed, allocated, or transferred unless approved by the
7Department of Finance, except for cashflow borrowing by the
8General Fund pursuant to Section 16310. The Controller shall
9transfer the unexpended balance of those moneys in the Central
10Service Cost Recovery Fund to the General Fund as determined
11or redetermined by the Department of Finance.
Section 11274 of the Government Code is amended
13to read:
Notwithstanding any other law, the Department of
15Finance may allocate and charge a fair share of the administrative
16costs to all funds directly. The Department of Finance shall certify
17to the Controller the amount determined to be the fair share of
18administrative costs due and payable from each state fund. The
19Department of Finance, at any time during the year, may direct
20the Controller to advance a reasonable amount for administrative
21costs from a fund designated in accordance with Section 11271.
22Upon order of the Department of Finance of the timing and the
23amounts to be transferred, the Controller shall transfer the amount
24of the administrative costs from special and nongovernmental cost
25funds to the Central
Service Cost Recovery Fund or the General
26Fund.
Section 11275 of the Government Code is amended
28to read:
In the event a fund has an insufficient fund balance
30for the payment of the administrative costs, the Controller shall
31request that the Department of Finance provide direction on
32effecting the transfer and its timing.
Section 11276 of the Government Code is repealed.
Section 11277 of the Government Code is repealed.
Section 11852 of the Government Code is amended
36to read:
For purposes of this chapter, the following terms shall
38have the following meanings:
39(a) “Approved FISCal Project documents” means any Special
40Project Report approved by the Department of Technology, or its
P88 1successor agency, for the FISCal, as may be amended, augmented,
2or changed by any subsequent approved Special Project Report or
3legislative action.
4(b) “Cost or costs of the system” means all costs related to the
5acquisition, design, development, installation, deployment, and
6other related costs of the system, including, but not limited to,
7software, hardware, licenses, upgrades, training, facilities,
8contractors, and staff.
9(c) “Cost allocation plan” means the plan described in Section
1011874.
11(d) “Department” means the Department of FISCal established
12pursuant to Section 11890.
13(e) “Director” means the Director of FISCal appointed pursuant
14to Section 11894.
15(f) “FISCal” means the Financial Information System for
16California.
17(g) “FISCal Consolidated Payment Fund” means the fund
18created pursuant to subdivision (a) of Section 11872.
19(h) “FISCal Internal Services Fund” means the fund created
20pursuant to Section 11870.
21(i) “Interface” means to communicate or interoperate with the
22system.
23(j) “Office” means the FISCal project office.
24(k) “Partner agencies” means the Department of Finance, the
25Controller, the Department of General Services, and the Treasurer.
26(l) “State departments and agencies” means all state offices,
27officers, departments, divisions, bureaus, boards, commissions,
28organizations, or agencies, claims against which are paid by
29warrants drawn by the Controller, and whose financial activities
30are reported in the annual financial statement of the state or are
31included in the annual Governor’s Budget, including, but not
32limited to, the California State University,
the University of
33California, the legislative branch, and the judicial branch.
34(m) “System” means a single integrated financial management
35system for the state that encompasses the management of resources
36and dollars as described in the approved FISCal Project documents
37and includes the information required by Section 11862.
Section 11854 of the Government Code is amended
39to read:
The Legislature intends that the system meet all of the
2following objectives:
3(a) Replace the state’s aging legacy financial management
4systems and eliminate fragmented and diverse reporting by
5implementing standardized financial management processes and
6systems across all departments and control agencies. For purposes
7of this subdivision, “financial management” means accounting,
8budgeting, cash management, asset accounting, vendor
9management, and procurement.
10(b) Increase competition by promoting business opportunities
11through the use of electronic bidding, online vendor interaction,
12and automated vendor functions.
13(c) Maintain a central source for financial management data to
14reduce the time and expense of vendors, departments, and agencies
15collecting, maintaining, and reconciling redundant data.
16(d) Increase investment returns through timely and accurate
17monitoring of cash balances, cash flow forecasting, and timing of
18receipts and disbursements.
19(e) Improve fiscal controls and support better decision making
20by state managers and the Legislature by enhancing the quality,
21timeliness, consistency, and accessibility of financial management
22information through the use of powerful data access tools,
23standardized data, and financial management reports.
24(f) Improve access
and transparency of California’s financial
25management information allowing the implementation of increased
26auditing, compliance reporting, and fiscal accountability while
27sharing information between the public, the Legislature, external
28stakeholders, state, federal, and local agencies.
29(g) Automate manual processes by providing the ability to
30electronically receive and submit financial management documents
31and data between agencies, departments, banks, vendors, and other
32government entities.
33(h) Provide online access to financial management information
34resulting in a reduction of payment or approval inquiries, or both.
35(i) Improve the state’s ability to preserve, access, and analyze
36historical financial management
information to reduce the workload
37required to research and prepare this information.
38(j) Enable the state to more quickly implement, track, and report
39on changes to financial management processes and systems to
P90 1accommodate new information such as statutory changes and
2performance information.
3(k) Reduce the time, workload, and costs associated with
4capturing and projecting revenues, expenditures, and program
5needs for multiple years and scenarios, and for tracking, reporting,
6and responding to legislative actions.
7(l) Track purchase volumes and costs by vendor and commodity
8code or service code to increase strategic sourcing opportunities,
9reduce purchase prices, and capture total state spending data.
10(m) Reduce procurement cycle time by automating purchasing
11authority limits and approval dependencies, and easing access to
12goods and services available from existing sources, including, but
13not limited to, using leveraged procurement agreements.
14(n) Streamline the accounts receivable collections process and
15allow for offset capability which will provide the ability for
16increased cash collection.
17(o) Streamline the payment process and allow for faster vendor
18payments that will reduce late payment penalty fees paid by the
19state.
20(p) Improve role-based security and workflow authorization by
21capturing near real-time data from the state’s human resources
22system of
record.
23(q) Implement a stable and secure information technology
24infrastructure.
Section 11860 of the Government Code is amended
26to read:
(a) To serve the best interest of the state by optimizing
28the financial business management of the state, the partner agencies
29shall collaboratively develop, implement, and utilize the system
30and assist the department to maintain the system. This effort will
31ensure best business practices by embracing opportunities to
32reengineer the state’s business processes and will encompass the
33management of resources and funds in the areas of budgeting,
34accounting, procurement, cash management, financial management,
35financial reporting, cost accounting, asset accounting, project
36accounting, and grant accounting.
37(b) State departments and agencies shall use the system, or,
38upon approval
from the office, a department or agency shall be
39permitted to interface its departmental system with the system.
P91 1The system is intended to replace any existing central or
2departmental systems duplicative of the functionality of the system.
Section 11862 of the Government Code is amended
4to read:
(a) In addition to the requirements set forth in the
6approved FISCal project documents, the system shall include a
7state transparency component that allows the public to have
8information regarding General Fund and federal fund expenditure
9data, using an Internet Web site.
10(b) This section shall not require the disclosure of information
11deemed confidential or otherwise exempt from disclosure under
12state or federal law.
Section 11864 of the Government Code is amended
14to read:
(a) Throughout the development of the system, the
16California State Auditor’s Office shall independently monitor the
17system as the California State Auditor deems appropriate. The
18California State Auditor’s Office independent monitoring of the
19system shall include, but not be limited to, all of the following:
20(1) Monitoring the contract for independent project oversight
21and independent verification and validation services relating to
22the system.
23(2) Assessing whether concerns about the system raised by the
24independent project oversight and independent verification and
25validation services are being addressed by the office
and the
26steering committee of the office.
27(3) Assessing whether the system is progressing timely and
28within its budget.
29(b) The California State Auditor’s Office shall report, at a
30minimum, on or before January 10 of each year, on the
system
31activities that the California State Auditor’s Office deems
32appropriate to monitor pursuant to this section in a manner
33consistent with Chapter 6.5 (commencing with Section 8543) of
34Division 1.
35(c) This section shall not supersede or compromise the
36Department of Technology’s oversight authority and
37responsibilities with respect to the system.
38(d) This section shall remain operative until the completion of
39the system, as specified in paragraph (2) of subdivision (a) of
40Section 11890, and thereafter shall be inoperative.
Section 11870 of the Government Code is amended
2to read:
The FISCal Internal Services Fund continues in
4existence in the State Treasury to pay the costs of development,
5implementation, and other approved costs of the system. All assets,
6liabilities, and surplus shall remain in the FISCal Internal Services
7Fund. The Department of Finance shall make the final
8determination of the budgetary and accounting transactions that
9are required to carry out this section. Accounts and subaccounts
10may be created within the FISCal Internal Services Fund as needed.
11Moneys in the FISCal Internal Services Fund, and its accounts and
12subaccounts, are available for cash flow borrowing by the General
13Fund pursuant to Section 16310.
Section 11872 of the Government Code is amended
15to read:
(a) The FISCal Consolidated Payment Fund is created
17in the State Treasury for the purpose of allowing the Controller to
18issue consolidated payments, excluding payroll, to any payee, of
19costs that are chargeable to appropriations made from other funds
20in the State Treasury, thereby allowing for efficient processing
21through the system of payments.
22(b) The amounts to be disbursed from the FISCal Consolidated
23Payment Fund shall be transferred by the Controller, from the
24funds and appropriations otherwise chargeable therewith, to the
25FISCal Consolidated Payment Fund prior to the time of
26disbursement. All amounts in the FISCal Consolidated Payment
27Fund that are derived from abatements,
refunds of amounts
28disbursed, returned warrants, or the cancellation of warrants issued
29from the FISCal Consolidated Payment Fund shall be returned by
30the Controller to the funds and appropriations from which the
31amounts were originally transferred.
Section 11874 of the Government Code is amended
33to read:
(a) The department, subject to the approval of the
35Department of Finance, shall establish and assess fees and a
36payment schedule for state departments and agencies to pay for
37the design, development, and implementation of the system. The
38fees
shall be deposited in the FISCal Internal Services Fund.
39(b) The department shall submit the cost allocation plan,
40including the methodology used to develop fees, to the Department
P93 1of Finance during the state’s annual budget development processes
2for review and approval. The office shall submit any proposed
3changes in fees or methodology to the Department of Finance
4concurrently with budget requests.
Section 11880 of the Government Code is amended
6to read:
(a) The office and department shall require fingerprint
8images and associated information from any employee, prospective
9employee, contractor, subcontractor, volunteer, vendor, and partner
10agency employee assigned to either the office or the department
11whose duties include, or would include, having access to
12confidential or sensitive information or data on the network or
13computing infrastructure.
14(b) The fingerprint images and associated information described
15in subdivision (a) shall be furnished to the Department of Justice
16for the purpose of obtaining information as to the existence and
17nature of any of the following:
18(1) A record of state or federal convictions and the existence
19and nature of state or federal arrests for which the person is free
20on bail or on his or her own recognizance pending trial or appeal.
21(2) Being convicted of, or pleading nolo contendere to, a crime,
22or having committed an act involving dishonesty, fraud, or deceit,
23if the crime or act is substantially related to the qualifications,
24functions, or duties of the person in accordance with this provision.
25(3) Any conviction or arrest, for which the person is free on bail
26or on his or her own recognizance pending trial or appeal, with a
27reasonable nexus to the information or data to which the person
28shall have access.
29(c) Requests for federal criminal offender record
information
30received by the Department of Justice pursuant to this section shall
31be forwarded to the Federal Bureau of Investigation by the
32Department of Justice.
33(d) The Department of Justice shall respond to the Chief of
34Human Resources of the office or the department with information
35as provided under subdivision (p) of Section 11105 of the Penal
36Code.
37(e) The Chief of Human Resources of the office or the
38
department shall request subsequent arrest notifications from the
39Department of Justice as provided under Section 11105.2 of the
40Penal Code.
P94 1(f) The Department of Justice may assess a fee sufficient to
2cover the processing costs required under this section, as authorized
3pursuant to subdivision (e) of Section 11105 of the Penal Code.
4(g) Persons described in subdivision (a) may be rejected if it is
5determined they meet the criteria described in paragraph (2) or (3)
6of subdivision (b). If a person is rejected, the individual shall
7receive a copy of the response record from the Chief of Human
8Resources of the office or the department.
9(h) The Chief of Human Resources of the office or the
10
department shall follow a written appeal process for an individual
11described in subdivision (a) who is determined ineligible for
12employment because of his or her Department of Justice or Federal
13Bureau of Investigation criminal offender record.
14(i) When considering the background information received
15pursuant to this section, the Chief of Human Resources of the
16office or the department shall take under consideration any
17evidence of rehabilitation, including, but not limited to,
18participation in treatment programs and age and specifics of the
19offense.
The heading of Article 5 (commencing with Section
2111890) of Chapter 10 of Part 1 of Division 3 of Title 2 of the 22Government Code is amended to read:
23
Section 11890 of the Government Code is amended
27to read:
(a) (1) There is in state government the Department
29of FISCal.
30(2) (A) Upon the acceptance of the system by the state, as
31determined by the Director of Finance in his or her capacity as the
32system sponsor, the Department of FISCal shall be within the
33Government Operations Agency.
34(B) The director shall post a notice on the Internet Web site of
35the Department of FISCal when the Director of Finance accepts
36the system in accordance with subparagraph (A).
37(b) The Department of FISCal shall maintain, upgrade, or
38otherwise
enhance and support the system, provide operational
39support to the customers and stakeholders of the system, and
40onboard any new, deferred, or exempt state entities.
Section 11892 of the Government Code is amended
2to read:
(a) The department shall incrementally assume
4responsibility of the system functionality as portions of the system
5are implemented and accepted.
6(b) The department shall provide the administrative functions
7for the system, including those functions of the office, during its
8existence.
9(c) The office and the department shall exist concurrently during
10the phased implementation of the system. Upon full implementation
11and final acceptance of the system, the department shall supersede
12the office and perform all administration, maintenance, and
13operation of the system.
Section 11893 is added to the Government Code, to
15read:
The administrative costs, as defined in Section 11270,
17of the Department of FISCal shall be allocated to and recovered
18from funds in a manner consistent with Section 11274.
Section 11894 of the Government Code is amended
20to read:
(a) The Director of FISCal shall be appointed by, and
22serve at the pleasure of, the Governor, subject to Senate
23confirmation.
24(b) The director shall have appointment power for both the
25office and the department and shall oversee the day-to-day
26functions of both the office and the department. The director shall
27identify and transfer staff from the office to the department to
28further performance of the duties specified in Section 11892, in
29accordance with Section 19050.9.
Section 11895 is added to the Government Code, to
31read:
(a) The director shall, at least annually, confer with
33the partner agencies and at least one representative of other
34agencies utilizing the system to prioritize system enhancements,
35defects, and workarounds.
36(b) The director retains the discretion and ultimate authority on
37the implementation of changes in the system.
Section 12432 of the Government Code is amended
39to read:
(a) The Legislature hereby finds and declares that it is
2essential for the state to replace the current automated human
3resource/payroll systems operated by the Controller to ensure that
4state employees continue to be paid accurately and on time and
5that the state may take advantage of new capabilities and improved
6business practices. To achieve this replacement of the current
7systems, the Controller is authorized to procure, modify, and
8implement a new human resource management system that meets
9the needs of a modern state government. This replacement effort
10is known as the 21st Century Project.
11(b) Notwithstanding any other law, beginning with the 2004-05
12fiscal year, the
Controller may assess the special and
13nongovernmental cost funds in sufficient amounts to pay for the
14authorized 21st Century Project costs that are attributable to those
15funds. Assessments in support of the expenditures for the 21st
16Century Project shall be made quarterly, and the total amount
17assessed from these funds annually shall not exceed the total
18expenditures incurred by the Controller for the 21st Century Project
19that are attributable to those funds in that fiscal year.
20Appropriations for this purpose shall be made in the annual Budget
21Act.
22(c) To the extent permitted by law, beginning with the 2004-05
23fiscal year, the Controller shall establish agreements with various
24agencies and departments for the collection from federal funds of
25costs that are attributable to federal funds. The total amount
26collected from those agencies
and departments annually shall not
27exceed the total expenditures incurred by the Controller for the
2821st Century Project that are attributable to federal funds in that
29fiscal year. Appropriations for that purpose shall be made in the
30annual Budget Act.
31(d) It is the intent of the Legislature that, beginning not earlier
32than the 2006-07 fiscal year, future annual Budget Acts include
33General Fund appropriations in sufficient amounts for expenditures
34for the 21st Century Project that are attributable to the General
35Fund. It is the Legislature’s intent that the share of the total project
36costs paid for by the General Fund shall be equivalent to the share
37of the total project costs paid for from special and nongovernmental
38cost fund assessments and collections from federal funds.
39(e) This section shall remain in effect only until June 30, 2017,
40and as of that date is repealed.
The heading of Article 2.5 (commencing with Section
212433) is added to Chapter 5 of Part 2 of Division 3 of Title 2 of
3the Government Code, to read:
4
Section 12803.2 of the Government Code is amended
8to read:
(a) The Government Operations Agency shall consist
10of all of the following:
11(1) The Office of Administrative Law.
12(2) The Public Employees’ Retirement System.
13(3) The State Teachers’ Retirement System.
14(4) The State Personnel Board.
15(5) The California Victim Compensation Board.
16(6) The Department of General Services.
17(7) The Department of Technology.
18(8) The Franchise Tax Board.
19(9) The Department of Human Resources.
20(b) The Government Operations Agency shall include the
21Department of FISCal upon the acceptance of the Financial
22Information System for California (FISCal) by the state, as
23determined by the Director of Finance, pursuant to Section 11890.
24(c) The Government Operations Agency shall be governed by
25the Secretary of Government Operations pursuant to Section 12801.
26However, the Director of Human Resources shall report directly
27to the Governor on issues relating to labor relations.
28(d) The Governor,
upon the recommendation of the Secretary
29of Government Operations, may appoint up to three deputies for
30the secretary.
Section 13300 of the Government Code is amended
32to read:
(a) The department shall devise, install, supervise, and,
34at its discretion, revise and modify, a modern and complete
35accounting system and policies for each agency of the state
36permitted or charged by law with the handling of public money or
37its equivalent, to the end that all revenues, expenditures, receipts,
38disbursements, resources, obligations, and property of the state be
39properly, accurately, and systematically accounted for and that
P98 1there shall be obtained accurate and comparable records, reports,
2and statements of all the financial affairs of the state.
3(b) This system shall permit a comparison of budgeted
4expenditures, actual expenditures,
encumbrances and payables,
5and estimated revenue to actual revenue that is compatible with a
6budget coding system developed by the department. In addition,
7the system shall provide for a federal revenue accounting system
8with cross-references of federal fund sources to state activities.
9(c) This system shall include a cost accounting system that
10accounts for expenditures by line item, governmental unit, and
11fund source. The system shall also be capable of performing
12program cost accounting as required. The system and the accounts
13maintained by all state departments and agencies shall be
14coordinated with the central accounts maintained by the Controller,
15and shall provide the Controller with all information necessary to
16the maintenance by the Controller of a comprehensive system of
17central accounts for the entire state
government.
Section 13300.5 of the Government Code is amended
19to read:
(a) The Legislature finds and declares that the system
21to modernize the state’s internal financial systems is a critical
22project that must be subject to the highest level of oversight.
23According to the Department of Technology, the size and scope
24of this modernization and automation effort make this project one
25of the highest risk projects undertaken by the state. Therefore, the
26Legislature must take steps to ensure it is fully informed as the
27project is implemented. It is the intent of the Legislature to adopt
28additional reporting requirements for the office to adequately
29manage risk and ensure the successful implementation of this
30effort.
31(b) The office shall report to
the Legislature, on or before
32February 15 of each year, on all of the following:
33(1) An executive summary and overview of the system’s status.
34(2) An overview of the system’s history.
35(3) Significant events of the system within the current reporting
36period and a projection of events during the next reporting period.
37(4) A discussion of mitigation actions being taken by the
office
38for any missed major milestones.
39(5) A comparison of actual to budgeted expenditures, and an
40explanation of variances and any planned corrective actions,
P99 1including a summary of the system and staffing levels and an
2estimate of staff participation from partner agencies.
3(6) An articulation of expected functionality and qualitative
4benefits from the system that were achieved during the reporting
5period and that are expected to be achieved in the subsequent year.
6(7) An overview of change management activities and
7stakeholder engagement during the system implementation process,
8including a summary of departmental participation in the system.
9(8) A discussion of lessons learned and best practices that will
10be incorporated into future changes in management activities.
11(9) A description of any significant software customization,
12including a justification for why, if any, customization was granted.
13(10) Updates on the progress of meeting the system’s objectives.
14(c) Reports shall describe deviations to the project scope, cost,
15or schedule from Special Project Report 6.
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.
19(e) The definitions in Section 11852 shall apply to the applicable
20terms in this section.
Section 13332.02 of the Government Code is amended
22to read:
All funds recovered from the federal government
24to offset statewide indirect costs shall be transferred to the Central
25Service Cost Recovery Fund or to the General Fund in a manner
26prescribed by the Department of Finance, unless expenditure of
27the funds is authorized by the Department of Finance. No
28authorization may become effective sooner than 30 days after
29notification in writing of the necessity therefor to the chairperson
30of the committee in each house that considers appropriations and
31the Chairperson of the Joint Legislative Budget Committee, or not
32sooner than whatever lesser time the Chairperson of the Joint
33Legislative Budget Committee, or his or her designee, may in each
34instance determine. If in the judgment
of the Director of Finance,
35a state agency has not transferred the funds on a timely basis, the
36Department of Finance may certify to the Controller the amount
37that the agency should have transferred to the Central Service Cost
38Recovery Fund or the General Fund, and the Controller shall
39transfer the funds to the Central Service Cost Recovery Fund or
40the General Fund.
Section 13332.03 of the Government Code is
2amended to read:
Whenever an appropriation has not been made to
4provide for recovery of general administrative costs pursuant to
5Article 2 (commencing with Section 11270) of Chapter 3 of Part
61, a sufficient sum for that purpose shall be transferred from each
7affected fund by the Controller to the Central Service Cost
8Recovery Fund or the General Fund in accordance with Section
911274. The Controller shall make transfers pursuant to this section
10only upon order of the Department of Finance.
Section 13332.09 of the Government Code is
12amended to read:
(a) A purchase order or other form of documentation
14for acquisition or replacement of motor vehicles shall not be issued
15against any appropriation until the Department of General Services
16has investigated and established the necessity therefor.
17(b) A state agency shall not acquire surplus mobile equipment
18from any source for program support until the Department of
19General Services has investigated and established the necessity
20therefor.
21(c) Notwithstanding any other law, any contract for the
22acquisition of a motor vehicle or general use mobile equipment
23for a state agency shall be made by or under the supervision of
the
24Department of General Services. Pursuant to Section 10298 of the
25Public Contract Code, the Department of General Services may
26collect a fee to offset the cost of the services provided.
27(d) Any passenger-type motor vehicle purchased for a state
28officer, except a constitutional officer, or a state employee shall
29be an American-made vehicle of the light class, as defined by the
30Department of General Services, unless excepted by the Director
31of General Services on the basis of unusual requirements,
32including, but not limited to, use by the Department of the
33California Highway Patrol, that would justify the need for a motor
34vehicle of a heavier class.
35(e) General use mobile equipment having an original purchase
36price of twenty-five thousand dollars ($25,000) or more shall not
37be
rented or leased from a nonstate source and payment therefor
38shall not be made from any appropriation for the use of the
39Department of Transportation, without the prior approval of the
40Department of General Services after a determination that
P101 1comparable state-owned equipment is not available, unless
2obtaining approval would endanger life or property, in which case
3the transaction and the justification for not having sought prior
4approval shall be reported immediately thereafter to the Department
5of General Services.
6(f) As used in this section:
7(1) “General use mobile equipment” means equipment that is
8listed in the Mobile Equipment Inventory of the State Equipment
9Council and capable of being used by more than one state agency,
10and shall not be deemed to refer to equipment
having a practical
11use limited to the controlling state agency only. Section 575 of the
12Vehicle Code shall have no application to this section.
13(2) “State agency” means a state agency, as defined pursuant
14to Section 11000. The University of California is requested and
15encouraged to have the Department of General Services perform
16the tasks identified in this section with respect to the acquisition
17or replacement of motor vehicles by the University of California.
18“State agency” does not include a district agricultural association,
19as defined in Section 3951 of the Food and Agricultural Code.
20(g) This section shall become operative on July 1, 2015.
The heading of Part 4 (commencing with Section
2213900) of Division 3 of Title 2 of the Government Code is amended
23to read:
24
Section 13900 of the Government Code is amended
28to read:
(a) As used in this chapter, “board” means the
30California Victim Compensation Board.
31(b) Except as provided by Section 14659.01, whenever the term
32“California Victim Compensation and Government Claims Board”
33appears in any statute, regulation, contract, or any other code, it
34shall be construed to refer to the California Victim Compensation
35Board, unless the context clearly requires otherwise.
Section 13901 of the Government Code is amended
37to read:
(a) There is within the Government Operations Agency
39the California Victim Compensation Board.
P102 1(b) The board consists of the Secretary of Government
2Operations or his or her designee and the Controller, both acting
3ex officio, and a third member who shall be appointed by and serve
4at the pleasure of the Governor. The third member may be a state
5officer who shall act ex officio.
Section 13905 of the Government Code is amended
7to read:
The board shall have a seal, bearing the following
9inscription: “California Victim Compensation Board.” The seal
10shall be fixed to all writs and authentications of copies of records
11and to other instruments that the board directs.
Section 13909 of the Government Code is amended
13to read:
(a) The board shall appoint an executive officer who
15shall hold office at its pleasure. It may also employ those personnel,
16including examiners, as it deems necessary for the performance
17of its duties.
18(b) The executive officer shall execute those duties and
19responsibilities as may be delegated by the board. The board may,
20except as otherwise provided in this section, delegate any statutory
21power of the board to the executive officer, or any examiner,
22employee, or committee as the board may designate, by means of
23a board order that is adopted by a majority of all of the board’s
24members and that prescribes the limits of the
delegation.
Section 13920 of the Government Code is amended
26and renumbered to read:
The department may adopt regulations pursuant to
28Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
293:
30(a) Limiting the amount, time, and place of expenses and
31allowances to be paid to elected state officers, and officers and
32employees of the state provided for in Article VI of the California
33Constitution, while traveling on official state business.
34(b) Governing the presentation and audit of claims against the
35state for which an appropriation has been made or for which a state
36fund is available.
37(c) Governing any other matter over which it has jurisdiction.
Section 13923 of the Government Code is amended
39and renumbered to read:
The department may approve plans for payroll
2deduction from the salaries or wages of state officers and
3employees under subdivision (f) of Section 1151 for charitable
4contributions to the agency handling the principal combined fund
5drive in any area. The department shall establish necessary rules
6and regulations, including the following:
7(a) Standards for establishing what constitutes the principal
8combined fund drive in an area.
9(b) A requirement that the agency to receive these contributions
10shall pay, for deposit in the General Fund, the additional cost to
11the state of making these deductions and
remitting the proceeds,
12as determined by the Controller.
13(c) A requirement that the agency to receive these contributions
14shall pay, for deposit in the Service Revolving Fund, the
15
department’s cost to administer the annual charitable campaign
16fund drive. This amount shall be determined by the department
17and shall only be available for the support of the
department upon
18appropriation by the Legislature.
19(d) Provisions for standard amounts of deductions from which
20each state officer or employee may select the contribution that he
21or she desires to make, if any.
22(e) A prohibition upon state officers or employees authorizing
23more than one payroll deduction for charitable purposes to be in
24effect at the same time.
25(f) A provision authorizing the Controller to combine in his or
26her records deductions for employee association dues, if authorized,
27and charitable deductions, if authorized.
28The department, in addition, may approve requests of any
29charitable organization qualified as an exempt organization under
30
Section 23701d of the Revenue and Taxation Code, and paragraph
31(3) of subsection (c) of Section 501 of the Internal Revenue Code
32of 1954, which is not an affiliated member beneficiary of the
33principal combined fund drive to receive designated deductions
34from the principal fund drive.
35The principal combined fund drive agency, any charitable
36organization which is an affiliated member beneficiary of the
37principal combined fund drive, and any charitable organization
38approved by the department to receive designated deductions on
39the payroll authorization form of the principal fund drive, shall
40certify under penalty of perjury to the department that it is in
P104 1compliance with the Fair Employment and Housing Act, Part 2.8
2(commencing with Section 12900), as a condition of receiving
3these designated deductions.
4The
principal combined fund drive shall obtain from the
5department the list of approved nonaffiliated beneficiaries, eligible
6for designated deductions in its approved drive area, and shall
7provide this information to each employee at the time of the
8principal fund drive. The principal combined drive agency shall
9provide a designation form for the employee to indicate those
10amounts to be contributed to affiliated and nonaffiliated
11beneficiaries. The designation form shall consist of a copy for each
12of the following: (1) the employee, (2) the employee’s designated
13beneficiary agency, and (3) the principal combined fund drive
14agency. The principal combined fund drive agency shall pay the
15amount collected for the employee designated beneficiary agency
16less the amount necessary to reimburse the principal combined
17fund drive agency for fundraising and administrative expenses.
18The fee charged for fundraising and
administrative cost
19reimbursement shall be determined by the department, published
20in campaign literature and made available to the employee during
21the solicitation process.
22Nothing contained in this section shall preclude a principal fund
23drive agency from giving a percentage of the undesignated funds
24to charities which are not members of the agency handling the
25principal drive, or honoring an employee’s designated deduction
26to any charitable organization.
Section 13928 of the Government Code is amended
28and renumbered to read:
The department shall take any and all necessary
30steps to ensure that all claims which have been approved by the
31department, and for which there exists no legally available
32appropriation, are submitted for legislative approval at least twice
33during each calendar year.
Section 13940 of the Government Code is amended
35and renumbered to read:
Any state agency or employee required to collect any
37state taxes, licenses, fees, or money owing to the state for any
38reason that is due and payable may be discharged by the Controller
39from accountability for the collection of the taxes, licenses, fees,
P105 1or money if the debt is uncollectible or the amount of the debt does
2not justify the cost of its collection.
Section 13941 of the Government Code is amended
4and renumbered to read:
The application for a discharge under this article shall
6be filed with the Controller and include the following:
7(a) A statement of the nature and amount of the tax, license,
8fee, or other money due.
9(b) The names of the persons liable.
10(c) The estimated cost of collection.
11(d) All other facts warranting the discharge, unless the Controller
12determines that the circumstances do not warrant the furnishing
13of detailed information.
Section 13942 of the Government Code is amended
15and renumbered to read:
The Controller shall audit the applications. The
17Controller shall discharge the applicant from further accountability
18for collection and authorize the applicant to close its book on that
19item if the Controller determines the following:
20(a) The matters contained in the application are correct.
21(b) No credit exists against which the debt can be offset.
22(c) Collection is improbable for any reason.
23(d) The cost of recovery does not justify the collection.
24(e) For items that exceed the monetary jurisdiction of the small
25claims court, the Attorney General has advised, in writing, that
26collection is not justified by the cost or is improbable for any
27reason.
Section 13943 of the Government Code is amended
29and renumbered to read:
The Controller may discharge from accountability a
31state agency for accounts that do not exceed the amount specified
32in subdivision (e) of Section 12435 and thereby authorize the
33closing of the agency’s books in regard to that item.
Section 13943.1 of the Government Code is amended
35and renumbered to read:
(a) Except as provided in subdivision (b), a discharge
37granted pursuant to this article to a state agency or employee does
38not release any person from the payment of any tax, license, fee,
39or other money that is due and owing to the state.
P106 1(b) A discharge granted pursuant to this article to the Franchise
2Tax Board shall release a person from a liability for the payment
3of any tax, fee, or other liability deemed uncollectible that is due
4and owing to the state and extinguish that liability, if at least one
5of the following conditions is met:
6(1) The liability is for an amount less than five
hundred dollars
7($500).
8(2) The liable person has been deceased for more than four years
9and there is no active probate with respect to that person.
10(3) The Franchise Tax Board has determined that the liable
11person has a permanent financial hardship.
12(4) The liability has been unpaid for more than 30 years.
Section 13943.2 of the Government Code is amended
14and renumbered to read:
A state agency is not required to collect taxes, licenses,
16fees, or money owing to the state for any reason if the amount to
17be collected is five hundred dollars ($500) or less. Nothing
18contained in this section shall be construed as releasing any person
19from the payment of any money due the state.
Section 13943.3 of the Government Code is amended
21and renumbered to read:
Notwithstanding any other provision of this article,
23the Controller may discharge the Department of Water Resources
24from accountability for collection of the loan issued to the
25Arrowhead Manor Water Company in 1980 under the California
26Safe Drinking Water Bond Law of 1976, but only if San Bernardino
27County or its county service area acquires the water system
28financed by the loan issued to the Arrowhead Manor Water
29Company and pays the amount of nine hundred ten thousand five
30hundred twenty dollars ($910,520) in complete satisfaction of that
31loan, on or before January 30, 2009.
Section 13944 of the Government Code is amended
33and renumbered to read:
(a) The Controller may investigate, inquire, and, if
35necessary, conduct hearings concerning property in the possession
36of the Treasurer which has escheated to the state from the estates
37of deceased persons pursuant to a judgment of escheat or pursuant
38to a distribution to the state under Section 11900 of the Probate
39Code.
P107 1(b) After investigation, inquiry, and hearing, the
Controller may
2relieve the Treasurer from any liability arising from the possession
3of and sell, or authorize the Treasurer to destroy or otherwise
4dispose of, any such property as it deems proper.
Section 13951 of the Government Code is amended
6to read:
As used in this chapter, the following definitions shall
8apply:
9(a) “Board” means the California Victim Compensation Board.
10(b) (1) “Crime” means a crime or public offense, wherever it
11may take place, that would constitute a misdemeanor or a felony
12if the crime had been committed in California by a competent
13adult.
14(2) “Crime” includes an act of terrorism, as defined in Section
152331 of Title 18 of the United States Code, committed against a
16resident of the state, whether or not the act occurs within the state.
17(c) “Derivative victim” means an individual who sustains
18pecuniary loss as a result of injury or death to a victim.
19(d) “Law enforcement” means every district attorney, municipal
20police department, sheriff’s department, district attorney’s office,
21county probation department, and social services agency, the
22Department of Justice, the Department of Corrections, the
23Department of the Youth Authority, the Department of the
24California Highway Patrol, the police department of any campus
25of the University of California, California State University, or
26community college, and every agency of the State of California
27expressly authorized by statute to investigate or prosecute law
28violators.
29(e) “Pecuniary loss” means an
economic loss or expense
30resulting from an injury or death to a victim of crime that has not
31been and will not be reimbursed from any other source.
32(f) “Peer counseling” means counseling offered by a provider
33of mental health counseling services who has completed a
34specialized course in rape crisis counseling skills development,
35participates in continuing education in rape crisis counseling skills
36development, and provides rape crisis counseling within the State
37of California.
38(g) “Victim” means an individual who sustains injury or death
39as a direct result of a crime as specified in subdivision (e) of
40Section 13955.
P108 1(h) “Victim center” means a victim and witness assistance center
2that receives funds pursuant to Section
13835.2 of the Penal Code.
Section 13972 of the Government Code is amended
4to read:
(a) If a private citizen incurs personal injury or death
6or damage to his or her property in preventing the commission of
7a crime against the person or property of another, in apprehending
8a criminal, or in materially assisting a peace officer in prevention
9of a crime or apprehension of a criminal, or rescuing a person in
10immediate danger of injury or death as a result of fire, drowning,
11or other catastrophe, the private citizen, his or her surviving spouse,
12his or her surviving children, a person dependent upon the citizen
13for his or her principal support, any person legally liable for the
14citizen’s pecuniary losses, or a public safety or law enforcement
15agency acting on behalf of any of the above may file a claim with
16the California Victim
Compensation
Board for indemnification to
17the extent that the claimant is not compensated from any other
18source for the injury, death, or damage. The claim shall generally
19show all of the following:
20(1) The date, place, and other circumstances of the occurrence
21or events that gave rise to the claim.
22(2) A general description of the activities of the private citizen
23in prevention of a crime, apprehension of a criminal, or rescuing
24a person in immediate danger of injury or death as a result of fire,
25drowning, or other catastrophe.
26(3) The amount or estimated amount of the injury, death, or
27damage sustained for which the claimant is not compensated from
28any other source, insofar as it may be known at the time of the
29presentation
of the claim.
30(4) Any other information that the California Victim
31Compensation Board may require.
32(b) A claim filed under subdivision (a) shall be accompanied
33by a corroborating statement and recommendation from the
34appropriate state or local public safety or law enforcement agency.
Section 13973 of the Government Code is amended
36to read:
(a) Upon presentation of a claim pursuant to this
38chapter, the California Victim Compensation Board shall fix a
39time and place for the hearing of the claim, and shall mail notices
40of the hearing to interested persons or agencies. The board shall
P109 1receive recommendations from public safety or law enforcement
2agencies, and evidence showing all of the following:
3(1) The nature of the crime committed by the apprehended
4criminal or prevented by the action of the private citizen, or the
5nature of the action of the private citizen in rescuing a person in
6immediate danger of injury or death as a result of fire, drowning,
7or other catastrophe, and the circumstances involved.
8(2) That the actions of the private citizen substantially and
9materially contributed to the apprehension of a criminal, the
10prevention of a crime, or the rescuing of a person in immediate
11danger of injury or death as a result of fire, drowning, or other
12catastrophe.
13(3) That, as a direct consequence, the private citizen incurred
14personal injury or damage to property or died.
15(4) The extent of the injury or damage for which the claimant
16is not compensated from any other source.
17(5) Any other evidence that the board may require.
18(b) If the board determines, on the basis of a preponderance of
19the
evidence, that the state should indemnify the claimant for the
20injury, death, or damage sustained, it shall approve the claim for
21payment. In no event shall a claim be approved by the board under
22this article in excess of ten thousand dollars ($10,000).
23(c) In addition to any award made under this chapter, the board
24may award, as attorney’s fees, an amount representing the
25reasonable value of legal services rendered a claimant, but in no
26event to exceed 10 percent of the amount of the award. No attorney
27shall charge, demand, receive, or collect for services rendered in
28connection with any proceedings under this chapter any amount
29other than that awarded as attorney’s fees under this section. Claims
30approved under this chapter shall be paid from a separate
31appropriation made to the California Victim Compensation in the
32Budget Act and as the
claims are approved by the board.
Section 13974 of the Government Code is amended
34to read:
The California Victim Compensation Board is hereby
36authorized to make all needful rules and regulations consistent
37with the law for the purpose of carrying into effect this article.
Section 13974.1 of the Government Code is amended
39to read:
(a) The California Victim Compensation Board shall
2use the applicable provisions of this article to establish a claim
3and reward procedure to reward persons providing information
4leading to the location of any child listed in the missing children
5registry compiled pursuant to former Section 11114 of the Penal
6Code or maintained pursuant to the system maintained pursuant
7to Sections 14203 and 14204 of the Penal Code.
8(b) Awards shall be made upon recommendation of the
9Department of Justice in an amount of not to exceed five hundred
10dollars ($500) to any one individual. However, as a condition to
11an award, in any particular case, an amount equal to or greater in
12nonstate
funds shall have been first offered as a reward for
13information leading to the location of that missing child.
14(c) The Missing Children Reward Fund is abolished and any
15remaining balance is transferred to the Restitution Fund. The
16California Victim Compensation Board shall make awards pursuant
17to this section from the Restitution Fund, using the appropriation
18authority provided in Section 13964.
Section 13974.5 of the Government Code is amended
20to read:
(a) The California Victim Compensation Board shall
22enter into an interagency agreement with the University of
23California, San Francisco, to establish a victims of crime recovery
24center at the San Francisco General Hospital for the purpose of
25providing comprehensive and integrated services to victims of
26crime, subject to conditions set forth by the board.
27(b) This section shall not apply to the University of California
28unless the Regents of the University of California, by appropriate
29resolution, make this section applicable.
30(c) This section shall only be implemented to the extent
that
31funding is appropriated for that purpose.
Section 13995.40 of the Government Code is
33amended to read:
(a) Upon approval of the initial referendum, the
35office shall establish a nonprofit mutual benefit corporation named
36the California Travel and Tourism Commission. The commission
37shall be under the direction of a board of commissioners, which
38shall function as the board of directors for purposes of the
39Nonprofit Corporation Law.
P111 1(b) The board of commissioners shall consist of 37
2commissioners comprising the following:
3(1) The director.
4(2) (A) Twelve commissioners, who are professionally active
5in the tourism industry, and whose primary business,
trade, or
6profession is directly related to the tourism industry, shall be
7appointed by the Governor. Each appointed commissioner shall
8represent only one of the 12 tourism regions designated by the
9office, and the appointed commissioners shall be selected so as to
10represent, to the greatest extent possible, the diverse elements of
11the tourism industry. Appointed commissioners are not limited to
12individuals who are employed by or represent assessed businesses.
13(B) If an appointed commissioner ceases to be professionally
14active in the tourism industry or his or her primary business, trade,
15or profession ceases to be directly related to the tourism industry,
16he or she shall automatically cease to be an appointed
17commissioner 90 days following the date on which he or she ceases
18to meet both of the eligibility criteria specified in subparagraph
19(A),
unless the commissioner becomes eligible again within that
2090-day period.
21(3) Twenty-four elected commissioners, including at least one
22representative of a travel agency or tour operator that is an assessed
23business.
24(c) The commission established pursuant to former Section
2515364.52 shall be inoperative so long as the commission
26established pursuant to this section is in existence.
27(d) Elected commissioners shall be elected by industry category
28in a referendum. Regardless of the number of ballots received for
29a referendum, the nominee for each commissioner slot with the
30most weighted votes from assessed businesses within that industry
31category shall be elected commissioner. In the event that an elected
32commissioner
resigns, dies, or is removed from office during his
33or her term, the commission shall appoint a replacement from the
34same industry category that the commissioner in question
35represented, and that commissioner shall fill the remaining term
36of the commissioner in question. The number of commissioners
37elected from each industry category shall be determined by the
38weighted percentage of assessments from that category.
P112 1(e) The director may remove any elected commissioner
2following a hearing at which the commissioner is found guilty of
3abuse of office or moral turpitude.
4(f) (1) The term of each elected commissioner shall commence
5July 1 of the year next following his or her election, and shall
6expire on June 30 of the fourth year following his or her election.
7If
an elected commissioner ceases to be employed by or with an
8assessed business in the category and segment which he or she
9was representing, his or her term as an elected commissioner shall
10automatically terminate 90 days following the date on which he
11or she ceases to be so employed, unless, within that 90-day period,
12the commissioner again is employed by or with an assessed
13business in the same category and segment.
14(2) Terms of elected commissioners that would otherwise expire
15effective December 31 of the year during which legislation adding
16this subdivision is enacted shall automatically be extended until
17June 30 of the following year.
18(g) With the exception of the director, no commissioner shall
19serve for more than two consecutive terms. For purposes of this
20subdivision, the
phrase “two consecutive terms” shall not include
21partial terms.
22(h) Except for the original commissioners, all commissioners
23shall serve four-year terms. One-half of the commissioners
24originally appointed or elected shall serve a two-year term, while
25the remainder shall serve a four-year term. Every two years
26thereafter, one-half of the commissioners shall be appointed or
27elected by referendum.
28(i) The selection committee shall determine the initial slate of
29candidates for elected commissioners. Thereafter the
30commissioners, by adopted resolution, shall nominate a slate of
31candidates, and shall include any additional candidates complying
32with the procedure described in Section 13995.62.
33(j) (1) The commissioners appointed pursuant to subparagraph
34(A) of paragraph (2) of subdivision (b) shall elect the chairperson.
35(2) The commissioners selected pursuant to subdivision (d) shall
36elect the vice chairperson.
37(k) The commission may lease space from the office.
38(l) The commission and the office shall be the official state
39representatives of California tourism.
40(m) (1) All commission meetings shall be held in California.
P113 1(2) Commissioners may participate in meetings by means of
2conference telephone and other technology.
3(n) No person shall receive compensation for serving as a
4commissioner, but each commissioner shall receive reimbursement
5for reasonable expenses incurred while on authorized commission
6business.
7(o) Assessed businesses shall vote only for commissioners
8representing their industry category.
9(p) Commissioners shall comply with the requirements of the
10Political Reform Act of 1974 (Title 9 (commencing with Section
1181000)). The Legislature finds and declares that commissioners
12appointed or elected on the basis of membership in a particular
13tourism segment are appointed or elected to represent and serve
14the economic interests of those tourism segments and that the
15economic interests of these members are the same as those of the
16public generally.
17(q) Commission meetings shall be subject to the requirements
18of the Bagley-Keene Open Meeting Act (Article 9 (commencing
19with Section 11120) of Chapter 1 of Part 1).
20(r) The executive director of the commission shall serve as
21secretary to the commission, a nonvoting position, and shall keep
22the minutes and records of all commission meetings.
Section 14084 of the Government Code is amended
24to read:
If at any time, in carrying out any agreement made
26pursuant to Section 14081, the required payment of reimbursements
27becomes a matter in dispute that cannot be resolved by the
28governing body and the director, it shall be brought before the
29Controller, who may conduct the necessary audits and interviews
30to determine the facts, hear both parties to the dispute, and make
31a final determination as to the reimbursement actually due.
Section 14600 of the Government Code is amended
33to read:
The Legislature declares that a centralization of business
35management functions and services of state government is
36necessary to take advantage of specialized techniques and skills,
37provide uniform management practices, and to insure a continuing
38high level of efficiency and economy. A Department of General
39Services is created to provide centralized services including, but
40not limited to, planning, acquisition, construction, and maintenance
P114 1of state buildings and property; purchasing; printing; architectural
2services; administrative hearings; government claims; and
3accounting services. The Department of General Services shall
4develop and enforce policy and procedures and shall institute or
5cause the institution of those
investigations and proceedings as it
6deems proper to assure effective operation of all functions
7performed by the department and to conserve the rights and
8interests of the state.
The heading of Article 1.1 (commencing with
10Section 14659) is added to Chapter 2 of Part 5.5 of Division 3 of
11Title 2 of the Government Code, to read:
12
Section 14659 is added to the Government Code,
16to read:
The Department of General Services and its director
18succeed to and are vested with all the duties, powers, purposes,
19responsibilities, and jurisdiction vested in the California Victim
20Compensation and Government Claims Board, or its executive
21officer, under the following statutes as they existed on January 1,
222016:
23(a) Section 77 of the Code of Civil Procedure.
24(b) Section 846.1 of the Civil Code.
25(c) Sections 12117, 24618, and 89750.5 of the Education Code.
26(d) Sections 1122 and 15512 of the Fish and Game Code.
27(e) Sections 3955, 14978.2, and 52295 of the Food and
28Agricultural Code.
29(f) Sections 800, 850.6, 900.2, 905.2, 905.3, 906, 911.2, 912.5,
30915, 920, 925, 927.13, 935.6, 935.7, 940.2, 965, 965.1, 965.5,
31997.1, 998, 998.2, 1151, 3515.7, 8652, 8902, 11007.6, 11014,
3211030.1, 11030.2, 11031, 11275, 13332.09, 14600, 15202, 16302.1,
3316304.6, 16383, 16431, 17051.5, 17201, 19815.4, 20163, 21223,
3421265, 26749, 68503, 68506, 68543, 68543.5, 68543.8, and 68565
35of this code.
36(g) Sections 13052, 25370, 121265, and 121270 of the Health
37and Safety Code.
38(h) Sections 11580.1 and 11872 of the Insurance Code.
39(i) Sections 4724, 4725, and 4726 of the Labor Code.
P115 1(j) Sections 422.92, 987.9, 1557, 2786, 11163, and 11172 of
2the Penal Code.
3(k) Sections 10301, 10306, 10308, 10311, 10326.2, and 12102.2
4of the Public Contract Code.
5(l) Sections 4116, 4602.6, 5093.68, and 30171.2 of the Public
6Resources Code.
7(m) Sections 4461, 14171.5, 14171.6, and 15634 of the Welfare
8and Institutions Code.
Section 14659.01 is added to the Government Code,
10to read:
Notwithstanding Section 13900, whenever the term
12“California Victim Compensation and Government Claims Board,”
13the term “California Victim Compensation Boards,” or the term
14“State Board of Control” appears in any statute, regulation,
15contract, or any other code with respect to the statutory powers
16and duties of the Department of General Services described in
17Section 14659, they shall be construed to refer to the Department
18of General Services unless the context clearly requires otherwise.
Section 14659.02 is added to the Government Code,
20to read:
The Department of General Services may assign
22any matter related to the statutory powers and duties of the
23Department of General Services described in Section 14659 to the
24Office of Risk and Insurance Management or to any other state
25office.
Section 14659.03 is added to the Government Code,
27to read:
The evidence in any investigation, inquiry, or hearing
29may be taken by the Department of General Services or, on its
30behalf, by the office designated for that purpose. Every finding,
31opinion, and order, made pursuant to an investigation, inquiry, or
32hearing, when approved or confirmed by the department, or office
33so designated, is the finding, opinion, or order of the Department
34of General Services.
Section 14659.04 is added to the Government Code,
36to read:
The Office of Risk and Insurance Management, any
38state office designated pursuant to Section 14659.02, or their
39designees shall keep a full and true record of all proceedings, issue
P116 1all necessary process, writs, warrants, and notices, and perform
2those other duties described in Section 14659.
Section 14659.05 is added to the Government Code,
4to read:
The Director of General Services, the Office of Risk
6and Insurance Management, any state office designated pursuant
7to Section 14659.02, or their designees may administer oaths,
8certify to all official acts, and issue subpoenas for the attendance
9of witnesses and production of papers, books, accounts, documents,
10and testimony in any inquiries, investigations, hearings, or
11proceedings conducted in accordance with Section 14659.
Section 14659.06 is added to the Government Code,
13to read:
The Department of General Services, the Office of
15Risk and Insurance Management, any state office designated
16pursuant to Section 14659.02, or their designees may administer
17oaths, examine witnesses, issue subpoenas, and receive evidence
18under such rules and regulations, pursuant to Section 14659, as
19the Department of General Services may adopt.
Section 14659.07 is added to the Government Code,
21to read:
The Department of General Services shall have a
23seal, bearing the following inscription: “Department of General
24Services.” The seal shall be fixed to all writs and authentications
25of copies of records and to other instruments that the department
26directs.
Article 3.5 (commencing with Section 14691) is
28added to Chapter 2 of Part 5.5 of Division 3 of Title 2 of the 29Government Code, to read:
30
(a) For purposes of this article, the following definitions
34shall apply:
35(1) “Acquisition” includes purchase, option to purchase, or lease
36of real property, including lease purchase or lease with option to
37purchase.
38(2) “Planning” includes studies, suitability reports,
39environmental review, program management, and master planning.
P117 1Services to deliver “planning” shall be considered “architectural
2and engineering services” as that term is used in Section 4529.10.
3(3) “State project” means any planning, acquisition, design, or
4construction
undertaken pursuant to this article and may include
5associated infrastructure, parking, landscaping, and other ancillary
6components, including furnishings and equipment instrumental to
7the use of a building. “State project” does not include work done
8to the State Capitol or an office building utilized by or under the
9control of the Legislature, including work done pursuant to Article
105.2 (commencing with Section 9112) of Chapter 1.5 of Part 1 of
11Division 2.
12(b) It is the intent of the Legislature that any state project
13authorized pursuant to this article incorporate elements
14complementary to the community in which it is sited, as well as
15elements that promote efficiency and sustainability.
(a) (1) The State Project Infrastructure Fund is hereby
17established in the State Treasury.
18(2) Notwithstanding Section 13340, the fund is continuously
19appropriated to the department, without regard to fiscal years, for
20the following purposes:
21(A) Subject to authorization as provided in this article, for state
22projects pursuant to this article.
23(B) To cover the costs of the report required by Section 9112.
24(C) (i) For transfer to the Operating Funds of
the Assembly
25and Senate, to be used for the capital outlay projects specified in
26Article 5.2 (commencing with Section 9112) of Chapter 1.5 of
27Part 1 of Division 2.
28(ii) Upon direction of the Director of Finance, the Controller
29shall transfer from the fund to the Operating Funds of the Assembly
30and the Senate an amount that is consistent with the budget amount
31specified in the report required by Section 9112.
32(b) Notwithstanding any other law, the Controller may use the
33funds in the State Project Infrastructure Fund for cashflow loans
34to the General Fund as provided in Sections 16310 and 16381.
35(c) The moneys in this fund shall be exempt from statewide
36general administrative cost recovery pursuant to Article 2
37(commencing
with Section 11270) of Chapter 3 of Part 1.
38(d) Any lease entered into pursuant to this article is subject to
39the approval of the Department of Finance and any applicable
40notification required by subdivision (d) of Section 14694.
(a) Any state project authorized pursuant to this article
2shall be funded in whole or in part by the State Project
3Infrastructure Fund.
4(b) Any state project authorized pursuant to this article shall be
5subject to approval and administrative oversight by the Department
6of Finance and the State Public Works Board, including, but not
7limited to, notice requirements for changes to the cost and scope
8of the state project as described in Sections 13332.11 and 13332.19,
9as applicable.
(a) Prior to the development of the project scope, cost,
11and delivery method of a state project pursuant to subdivision (b),
12the department, upon approval by the Department of Finance, may
13utilize moneys in the State Project Infrastructure Fund for planning.
14(b) The State Public Works Board shall establish the scope,
15cost, and delivery method for each state project.
16(c) The Department of Finance, on behalf of the department,
17shall notify the Joint Legislative Budget Committee as follows:
18(1) At least 20 days prior to an expenditure of funds for any
19planning
activity pursuant to subdivision (b). The notice required
20by this paragraph shall include the purpose of the planning activity
21and estimates of the costs.
22(2) Except as provided in Section 14695, at least 60 days prior
23to the establishment of the scope, cost, and delivery method of a
24state project pursuant to subdivision (b). The notice required by
25this paragraph shall have the same level of detail as a capital outlay
26budget change proposal and describe the scope, budget, delivery
27method, expected tenants, and schedule for any space to be
28constructed or renovated as part of that state project.
29(3) At least 30 days prior to the State Public Works Board
30approval of the design of a state project, pursuant to Section
3113332.11 or 13332.19, as applicable. The notice required by this
32paragraph
shall include updated estimates of the project’s cost and
33schedule.
34(4) At least 30 days prior to entering into a contract or a lease
35arrangement for a state project that includes construction. The
36notice required by this paragraph shall include updated estimates
37of the project’s cost and schedule. A state project delivered by
38lease pursuant to this paragraph shall be exempt from Section
3913332.10.
(a) Notwithstanding Section 14694, with respect to the
2state projects specified in subdivision (b), the Department of
3Finance, on behalf of the department, shall notify the Joint
4Legislative Budget Committee at least 45 days prior to the
5establishment of the scope, cost, and delivery method of the state
6project pursuant to subdivision (b) of Section 14694. The notice
7required by this section shall have the same level of detail as a
8capital outlay budget change proposal and describe the scope,
9budget, delivery method, expected tenants, and schedule for any
10space to be constructed or renovated as part of that state project.
11(b) This section shall only apply to a state
project that is
12comprised solely of either of the following:
13(1) Replacement of the office building that is, as of the effective
14date of the act adding this section, used by the Natural Resources
15Agency.
16(2) Construction of an office building located on “O” Street in
17the City of Sacramento that is currently under consideration as of
18the effective date of the act adding this section.
(a) The department shall submit, on a quarterly basis,
20a report on the status of each state project established by the State
21Public Works Board pursuant to Section 14694 to the Joint
22Legislative Budget Committee and to the chairpersons of the Senate
23Committee on Budget and Fiscal Review and the Assembly
24Committee on Budget. The report shall also include the amount
25of expenditures made from the State Project Infrastructure Fund
26for any state project authorized under this article.
27(b) A report submitted pursuant to subdivision (a) shall be
28submitted in compliance with Section 9795.
The State Public Works Board shall not be deemed a
30lead or responsible agency for purposes of the California
31Environmental Quality Act (Division 13 (commencing with Section
3221000) of the Public Resources Code) for any activities under this
33article. This section is declarative of existing law.
Section 15202 of the Government Code is amended
35to read:
(a) A county that is responsible for the cost of a trial
37or trials or any hearing of a person for the offense of homicide
38may apply to the Controller for reimbursement of the costs incurred
39by the county in excess of the amount of money derived by the
P120 1county from a tax of 0.0125 of 1 percent of the full value of
2property assessed for purposes of taxation within the county.
3(b) The formula in this section shall apply to any homicide trial
4in which the commission of the crime occurred on or after January
51, 2005. Homicide trials for which the crime was committed before
6January 1, 2005, shall qualify under the reimbursement statute in
7effect before
that date.
8(c) The Controller shall not reimburse any county for costs that
9exceed the
Department of General Services’ standards for travel
10and per diem expenses. The Controller may reimburse
11extraordinary costs in unusual cases if the county provides
12sufficient justification of the need for these expenditures. Nothing
13in this section shall permit the reimbursement of costs for travel
14in excess of 1,000 miles on any single round trip, without the prior
15approval of the Attorney General.
16(d) Reimbursement funds appropriated pursuant to this section
17are available for three fiscal years from the date of the
18appropriation. After three fiscal years, any unused funds shall
19revert back to the General Fund.
Section 16302.1 of the Government Code is amended
21to read:
(a) Whenever any person pays to any state agency
23pursuant to law an amount covering taxes, penalties, interest,
24license, or other fees, or any other payment, and it is subsequently
25determined by the state agency responsible for the collection
26thereof that this amount includes an overpayment of ten dollars
27($10) or less of the amount due the state pursuant to the assessment,
28levy, or charge to which the payment is applicable, the amount of
29the overpayment may be disposed of in either of the following
30ways:
31(1) The state agency responsible for the collection to which the
32overpayment relates may apply the amount of the overpayment as
33a
payment by the person on any other taxes, penalties, interest,
34license, or other fees, or any other amount due the state from that
35person if the state agency is responsible by law for the collection
36to which the overpayment is to be applied as a payment.
37(2) Upon written request of the state agency responsible for the
38collection to which the overpayment relates, the amount of the
39overpayment shall, on order of the Controller, be deposited as
P121 1revenue in the fund in the State Treasury into which the collection,
2exclusive of overpayments, is required by law to be deposited.
3(b) The Department of General Services may adopt rules and
4regulations to permit state agencies to retain these overpayments
5where a demand for refund permitted by law is not made within
6six months after the
refund becomes due, and the retained
7overpayments shall belong to the state.
8(c) Except as provided in subdivision (b), this section shall not
9affect the right of any person making overpayment of any amount
10to the state to make a claim for refund of the overpayment, nor the
11authority of any state agency or official to make payment of any
12amount so claimed, if otherwise authorized by law.
Section 16304.6 of the Government Code is amended
14to read:
Within the time during which the appropriation is
16available for expenditure, the Department of General Services at
17the request of the director of the department concerned and with
18the approval of the Director of Finance, may authorize that
19unneeded funds in any appropriation for the support of an
20institution, school, or college or for family care or private home
21care or for parole supervision activities within any of the following
22departments shall be available and be deemed appropriated for the
23support of any institution, school, or college or for family care or
24private home care or for parole supervision activities within the
25same department:
26(a) Department of Corrections and Rehabilitation.
27(b) Department of the Youth Authority.
28(c) State Department of Education.
29(d) State Department of State Hospitals.
Section 16383 of the Government Code is amended
31to read:
Warrants may be drawn by the Controller against the
33General Cash Revolving Fund, to the extent of the amounts
34available, in accordance with demands audited pursuant to law
35and rules and regulations prescribed from time to time by the
36Department of General Services, and also to meet other payments
37provided by law to be made from the General Fund. The Treasurer
38may pay from the General Cash Revolving Fund the warrants so
39drawn.
Section 16431 of the Government Code is amended
2to read:
(a) Notwithstanding any other provisions of this code,
4funds held by the state, pursuant to a written agreement between
5the state and employees of the state to defer a portion of the
6compensation otherwise receivable by the state’s employees and
7pursuant to a plan for that deferral as adopted by the state and
8approved by the Department of General Services, may be invested
9in the types of investments set forth in Sections 53601 and 53602
10and may additionally be invested in corporate stocks, bonds, and
11securities, mutual funds, savings and loan accounts, credit union
12accounts, annuities, mortgages, deeds of trust, or other security
13interests in real or personal property. Nothing in this section
shall
14be construed to permit any type of investment prohibited by the
15California Constitution.
16(b) Deferred compensation funds are public pension or
17retirement funds for the purposes of Section 17 of Article XVI of
18the California Constitution.
Section 17051.5 of the Government Code is amended
20to read:
A state agency shall notify the Treasurer not to pay
22a warrant drawn by the Controller upon that agency’s request
23whenever that agency has reason to believe that the Controller has
24drawn or is about to draw his or her warrant without legal authority,
25for a larger amount than is owed by the state, or in a manner not
26in conformity with the regulations adopted by the Department of
27General Services for the presentation and audit of claims. Upon
28notification from a state agency as described in this section, the
29Treasurer shall refuse payment of the subject warrant until he or
30she is otherwise directed by the agency or the Legislature.
Section 17201 of the Government Code is amended
32to read:
The Department of General Services may make rules
34and regulations governing the issuance and sale of registered
35warrants.
Section 17518.5 of the Government Code is amended
37to read:
(a) “Reasonable reimbursement methodology” means
39a formula for reimbursing local agencies and school districts for
40costs mandated by the state, as defined in Section 17514.
P123 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 to
7implement 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) (1) A reasonable reimbursement methodology that is based
19on, in whole or in part, costs that have been included in claims
20submitted to the Controller for reimbursement
shall only use costs
21that have been audited by the Controller.
22(2) Upon receiving a reasonable reimbursement methodology
23proposal that is based on, in whole or in part, costs that have been
24included in claims submitted to the Controller for reimbursement,
25the Commission on State Mandates shall notify the Controller
26within 30 days of receiving the proposed reasonable reimbursement
27methodology.
28(3) The Controller shall select and audit a representative sample
29of the claimed costs used in the proposed reasonable reimbursement
30methodology within 360 days of being notified by the Commission
31on State Mandates.
32(4) The allowable costs reported by the Controller as a result
33of the audits shall be the costs used for the proposed
reasonable
34reimbursement methodology.
35(f) A reasonable reimbursement methodology may be developed
36by any of the following:
37(1) The Department of Finance.
38(2) The Controller.
39(3) An affected state agency.
40(4) A claimant.
P124 1(5) An interested party.
2(g) The Controller, in coordination with the Commission on
3State Mandates and Department of Finance, shall by October 1,
42018, prepare a report to the Legislature, in accordance with
5Section 9795, regarding implementation of
the new reasonable
6reimbursement process.
7(h) The appropriate policy committees in each house of the
8Legislature shall hold hearings on the report referenced in
9subdivision (g).
10(i) This section shall remain in effect only until July 1, 2019,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before July 1, 2019, deletes or extends that date.
Section 17518.5 is added to the Government Code,
14to read:
(a) “Reasonable reimbursement methodology” means
16a formula for reimbursing local agencies and school districts for
17costs mandated by the state, as defined in Section 17514.
18(b) A reasonable reimbursement methodology shall be based
19on cost information from a representative sample of eligible
20claimants, information provided by associations of local agencies
21and school districts, or other projections of local costs.
22(c) A reasonable reimbursement methodology shall consider
23the variation in
costs among local agencies and school districts to
24implement the mandate in a cost-efficient manner.
25(d) Whenever possible, a reasonable reimbursement
26methodology shall be based on general allocation formulas,
27uniform cost allowances, and other approximations of local costs
28mandated by the state, rather than detailed documentation of actual
29local costs. In cases when local agencies and school districts are
30projected to incur costs to implement a mandate over a period of
31more than one fiscal year, the determination of a reasonable
32reimbursement methodology may consider local costs and state
33reimbursements over a period of greater than one fiscal year, but
34not exceeding 10 years.
35(e) A reasonable reimbursement methodology may be developed
36by any of the following:
37(1) The Department of Finance.
38(2) The Controller.
39(3) An affected state agency.
40(4) A claimant.
P125 1(5) An interested party.
2(f) This section shall become operative on July 1, 2019.
3(Amended by Stats. 2007, Ch. 329, Sec. 1. Effective January 1,
42008.)
Section 18708 of the Government Code is amended
6to read:
The board shall cooperate with the Director of Finance,
8the Department of Human Resources, the Controller, and other
9state agencies in matters not covered by this part and not
10inconsistent with this part to promote the efficient and economical
11administration of the state’s business.
Section 19815.4 of the Government Code is amended
13to read:
The director shall do all of the following:
15(a) Be responsible for the management of the department.
16(b) Administer and enforce the laws pertaining to personnel.
17(c) Observe and report to the Governor on the conditions of the
18nonmerit aspects of personnel.
19(d) Formulate, adopt, amend, or repeal rules, regulations, and
20general policies affecting the purposes, responsibilities, and
21jurisdiction of the department and that are consistent with the law
22and necessary for personnel
administration.
23All regulations relating to personnel administration heretofore
24adopted pursuant to this part by the State Personnel Board,
25California Victim Compensation Board, the Department of General
26Services, and the Department of Finance, and in effect on the
27operative date of this part, shall remain in effect and shall be fully
28enforceable unless and until readopted, amended, or repealed by
29the director.
30(e) Hold hearings, subpoena witnesses, administer oaths, and
31conduct investigations concerning all matters relating to the
32department’s jurisdiction.
33(f) Act on behalf of the department and delegate powers to any
34authorized representative.
35(g) Serve as the Governor’s
designated representative pursuant
36to Section 3517.
37(h) Perform any other duties that may be prescribed by law, and
38any other administrative and executive duties that have by other
39provisions of law been previously imposed.
Section 20163 of the Government Code is amended
2to read:
(a) If more or less than the correct amount of
4contribution required of members, the state, or any contracting
5agency, is paid, proper adjustment shall be made in connection
6with subsequent payments, or the adjustments may be made by
7direct cash payments between the member, state, or contracting
8agency concerned and the board or by adjustment of the employer’s
9rate of contribution. Adjustments to correct any other errors in
10payments to or by the board, including adjustments of
11contributions, with interest, that are found to be erroneous as the
12result of corrections of dates of birth, may be made in the same
13manner. Adjustments to correct overpayment of a retirement
14allowance may also be made by adjusting
the allowance so that
15the retired person or the retired person and his or her beneficiary,
16as the case may be, will receive the actuarial equivalent of the
17allowance to which the member is entitled. Losses or gains
18resulting from error in amounts within the limits set by the
19Department of General Services for automatic writeoff, and losses
20or gains in greater amounts specifically approved for writeoff by
21the Department of General Services, shall be debited or credited,
22as the case may be, to the reserve against deficiencies in interest
23earned in other years, losses under investments, and other
24contingencies.
25(b) No adjustment shall be made because less than the correct
26amount of normal contributions was paid by a member if the board
27finds that the error was not known to the member and was not the
28result of erroneous
information provided by him or her to this
29system or to his or her employer. The failure to adjust shall not
30preclude action under Section 20160 correcting the date upon
31which the person became a member.
32(c) The actuarial equivalent under this section shall be computed
33on the basis of the mortality tables and actuarial interest rate in
34effect under this system on December 1, 1970, for retirements
35effective through December 31, 1979. Commencing with
36retirements effective January 1, 1980, and at corresponding 10-year
37intervals thereafter, or more frequently at the board’s discretion,
38the board shall change the basis for calculating actuarial equivalents
39
under this article to agree with the interest rate and mortality tables
P127 1in effect at the commencement of each 10-year or succeeding
2interval.
Section 21223 of the Government Code is amended
4to read:
A retired person may serve without reinstatement from
6retirement or loss or interruption of benefits provided under this
7system upon approval of the Director of Human Resources or the
8governing body of a contracting agency, as the case may be, under
9employment by any state or contracting agency in which he or she
10previously served while a member of this system, where by reason
11of actual litigation, or a proceeding before the Department of
12General Services or the governing body of a contracting agency,
13as the case may be, or where the state or contracting agency desires
14to perpetuate testimony in connection with any anticipated litigation
15involving the state or contracting agency, and adverse interests,
16the services of the person are or may be
necessary in preparing for
17trial or in testifying as to matters within or based upon his or her
18knowledge acquired while employed. He or she may be paid a per
19diem and actual and necessary traveling expenses, but he or she
20shall not be paid at a greater rate of compensation per diem than
21the rate ordinarily paid other persons by state agencies or the
22contracting agency for similar services. However, there shall be
23deducted from the per diem compensation sums equal to the
24retirement annuity allocable to the days of actual employment
25under this section.
Section 21265 of the Government Code is amended
27to read:
Retired members of this system, and beneficiaries who
29are entitled to receive allowances or benefits under this part, may
30authorize deductions to be made from their retirement allowance
31payments or from the allowances and benefits, respectively, or
32from either or both when both are being received in accordance
33with regulations established by the board for the payment of
34charitable contributions under any plan approved by the board. In
35lieu of approving individual plans, the board, at its discretion, may
36adopt by reference those plans approved by the Department of
37General Services under Section 13923. The board shall determine
38the additional cost involved in making deductions under this
39section, and the agency to
receive the contributions shall pay the
P128 1amount of the additional cost to the board for deposit in the
2retirement fund.
Section 22910 of the Government Code is amended
4to read:
(a) There shall be maintained in the State Treasury the
6Public Employees’ Contingency Reserve Fund. The board may
7invest funds in the Public Employees’ Contingency Reserve Fund
8in accordance with the law governing its investment of the
9retirement fund.
10(b) (1) An account shall be maintained within the Public
11Employees’ Contingency Reserve Fund with respect to the health
12benefit plans the board has approved or that have entered into a
13contract with the board. The account shall be credited, from time
14to time and in amounts as determined by the board, with moneys
15contributed under Section 22885 or 22901 to provide an adequate
16contingency reserve. The
income derived from any dividends, rate
17adjustments, or other funds received from a health benefit plan
18shall be credited to the account. The board may deposit, in the
19same manner as provided in paragraph (4), up to one-half of 1
20percent of premiums in the account for purposes of cost
21containment programs, subject to approval as provided in paragraph
22(2) of subdivision (c).
23(2) The account for health benefit plans may be utilized to defray
24increases in future rates, to reduce the contributions of employees
25and annuitants and employers, to implement cost containment
26programs, or to increase the benefits provided by a health benefit
27plan, as determined by the board. The board may use penalties and
28interest deposited pursuant to subdivision (c) of Section 22899 to
29pay any difference between the adjusted rate set by the board
30pursuant to Section
22864 and the applicable health benefit plan
31contract rates.
32(3) The total credited to the account for health benefit plans at
33any time shall be limited, in the manner and to the extent the board
34may find to be most practical, to a maximum of 10 percent of the
35total of the contributions of the employers and employees and
36annuitants in any fiscal year. The board may undertake any action
37to ensure that the maximum amount prescribed for the fund is
38approximately maintained.
39(4) Board rules and regulations adopted pursuant to Section
4022831 to minimize the impact of adverse selection or contracts
P129 1entered into pursuant to Section 22864 to implement health benefit
2plan performance incentives may provide for deposit in and
3disbursement to carriers or to Medicare from the account the
4portion
of the contributions otherwise payable directly to the
5carriers by the Controller under Section 22913 as may be required
6for that purpose. The deposits shall not be included in applying
7the limitations, prescribed in paragraph (3), on total amounts that
8may be deposited in or credited to the fund.
9(5) Notwithstanding Section 13340, all moneys in the account
10for health benefit plans are continuously appropriated without
11regard to fiscal year for the purposes provided in this subdivision.
12(c) (1) An account shall also be maintained in the Public
13Employees’ Contingency Reserve Fund for administrative expenses
14consisting of funds deposited for this purpose pursuant to Sections
1522885 and 22901.
16(2) The moneys deposited pursuant to Sections 22885 and 22901
17in the Public Employees’ Contingency Reserve Fund may be
18expended by the board for administrative purposes, provided that
19the expenditure is approved in the annual Budget Act.
20(d) An account shall be maintained in the Public Employees’
21Contingency Reserve Fund for the contributions required pursuant
22to Section 22870. Notwithstanding Section 13340, the funds are
23continuously appropriated, without regard to fiscal year, for the
24payment of premiums or other charges to carriers or the Public
25Employees’ Health Care Fund. This subdivision shall not apply
26to state administrative costs, which shall continue to be subject to
27
Section 13340.
28(e) An account shall be maintained in the Public Employees’
29Contingency Reserve Fund for the contributions required pursuant
30to Section 22890 and for payments made pursuant to subdivision
31(f) of Section 22850. Notwithstanding Section 13340, the funds
32are continuously appropriated, without regard to fiscal year, for
33the payment of premiums or other charges to carriers or the Public
34Employees’ Health Care Fund. Penalties and interest paid pursuant
35to subdivision (c) of Section 22899 shall be deposited in the
36account pursuant to paragraphs (1) and (2) of subdivision (b).
37(f) Accounts shall be maintained in the Public Employees’
38Contingency Reserve Fund for complementary annuitant premiums
39and related administrative expenses paid by annuitants pursuant
40to
Section 22802. Notwithstanding Section 13340, the funds are
P130 1continuously appropriated, without regard to fiscal year, to
2reimburse the Public Employees’ Retirement Fund, the Judges’
3Retirement Fund, the Judges’ Retirement Fund II, and the
4Legislators’ Retirement Fund, as applicable, for payment of
5annuitant health premiums, and for the payment of premiums and
6other charges to carriers or to the Public Employees’ Health Care
7Fund. Administrative expenses deposited in this account shall be
8credited to the account provided by subdivision (c).
9(g) Amounts received by the board for retiree drug subsidy
10payments that are attributed to contracting agencies and their
11annuitants and employees pursuant to subdivision (c) of Section
1222910.5 shall be deposited in the Public Employees’ Contingency
13Reserve Fund. Notwithstanding Section 13340, these
amounts are
14continuously appropriated, without regard to fiscal year, for the
15payment of premiums, costs, contributions, or other benefits related
16to contracting agencies and their employees and annuitants, and
17as consistent with the Medicare Prescription Drug Improvement
18and Modernization Act, as amended.
19(h) The Account for Retiree Drug Subsidy Payments is hereby
20established in the Public Employees’ Contingency Reserve Fund
21and funds in that account shall, upon appropriation by the
22Legislature, be used for the purposes described in Section 22910.5.
23(i) Notwithstanding any other law, the Controller may use the
24moneys in the Public Employees’ Contingency Reserve Fund for
25loans to the General Fund as provided in Sections 16310 and
2616381. However, interest shall be paid on all moneys
loaned to
27the General Fund from the Public Employees’ Contingency Reserve
28Fund. Interest payable shall be computed at a rate determined by
29the Pooled Money Investment Board to be the current earning rate
30of the fund from which loaned. This subdivision does not authorize
31any transfer that will interfere with the carrying out of the object
32for which the Public Employees’ Contingency Reserve Fund was
33created.
Section 22911 of the Government Code is amended
35to read:
(a) There shall be maintained in the State Treasury the
37Public Employees’ Health Care Fund to fund the health benefit
38plans administered or approved by the board. The board may invest
39funds in the Public Employees’ Health Care Fund in accordance
P131 1with the provisions of law governing its investment of the
2retirement fund.
3(b) The Public Employees’ Health Care Fund shall consist of
4the following:
5(1) Any self-funded or minimum premium plan premiums paid
6by contracting agencies, the state and enrolled employees,
7annuitants, and family members, including premiums paid directly
8for continuation coverage authorized under the
Consolidated
9Omnibus Budget Reconciliation Act, and as authorized by this
10
part.
11(2) Any reserve moneys from terminated health benefit plans
12designated by the board.
13(3) Any moneys from a health benefit plan for risk adjustment
14pursuant to Section 22864.
15(c) Income earned on the Public Employees’ Health Care Fund
16shall be credited to the fund.
17(d) Notwithstanding Section 13340, the Public Employees’
18Health Care Fund is continuously appropriated, without regard to
19fiscal years, to pay benefits and claims costs for self-funded or
20minimum premium health benefit plans, and refunds to those who
21made direct premium
payments.
22(e) The moneys deposited in the Public Employees’ Health Care
23Fund may be expended by the board for administrative purposes
24provided that the expenditure is approved in the annual Budget
25Act.
26(f) The Legislature finds and declares that the Public Employees’
27Health Care Fund is a trust fund held for the exclusive benefit of
28enrolled employees, annuitants, family members, the self-funded
29plan administrator, and those contracting to provide medical and
30
hospital care services.
31(g) Notwithstanding subdivisions (d) and (f), the board may use
32reserves generated by one or more self-funded health benefit plans
33for risk adjustment programs and procedures pursuant to paragraph
34(3) of subdivision (f) of Section 22850 and paragraph (5) of
35subdivision (b) of Section 22864.
Section 26749 of the Government Code is amended
37to read:
The sheriff shall receive expenses necessarily incurred
39in conveying persons to and from the state hospitals and in
40conveying persons to and from the state prisons or other state
P132 1institutions, or to other destinations for the purpose of deportation
2to other states, or in advancing actual traveling expenses to any
3person committed to a state institution who is permitted to report
4to an institution without escort, which expenses shall be allowed
5as provided by Chapter 6 (commencing with Section 4750) of Title
65 of Part 3 of the Penal Code for cases subject to that chapter, and,
7otherwise, by the Department of General Services and paid by the
8state.
Section 68503 of the Government Code is amended
10to read:
Members of committees appointed pursuant to Section
1268501 shall receive no compensation from the state for their
13services. When called into session by the Chairperson of the
14Judicial Council, members shall receive their actual and necessary
15expenses for travel, board, and lodging, which shall be paid from
16the funds appropriated to the use of the council. These expenses
17shall be approved in the manner that the council directs, and shall
18be audited by the Controller in accordance with the rules of the
19Department of General Services.
Section 68506 of the Government Code is amended
21to read:
All salaries and expenses incurred by the council
23pursuant to this article, including the necessary expenses for travel,
24board, and lodging of the members of the council and its officers,
25assistants, and other employees incurred in the performance of the
26duties and business of the council, shall be paid from the funds
27appropriated for the use of the council. The salaries and expenses
28shall be approved in the manner that the council directs, and shall
29be audited by the Controller in accordance with the rules of the
30Department of General Services.
Section 68543 of the Government Code is amended
32to read:
The extra compensation and expenses for travel, board,
34and lodging of judges sitting in the Supreme Court and courts of
35appeal under assignments made by the Chairperson of the Judicial
36Council shall be paid by the state under the rules adopted by the
37Department of General Services that are applicable to officers of
38the state provided for in Article VI of the California Constitution
39while traveling on official state business.
Section 68543.5 of the Government Code is amended
2to read:
(a) Whenever a judge who has retired under the
4Judges’ Retirement System or the Judges’ Retirement System II
5is assigned to serve in a court of record, the state shall pay the
6judge for each day of service in the court in the amount specified
7in Section 68543.7, without loss or interruption of retirement
8benefits, unless the judge waives compensation under this section.
9Whenever a retired judge of a justice court who is not a member
10of the Judges’ Retirement System nor the Judges’ Retirement
11System II is assigned to serve in a court of record, the state shall
12pay the judge for each day of service in the court in the amount
13specified in Section 68543.7, or the compensation specified in
14Section 68541,
whichever is greater. The compensation shall be
15paid by the Judicial Council out of any appropriation for extra
16compensation of judges assigned by the Chairperson of the Judicial
17Council.
18(b) If a judge who has retired under the Judges’ Retirement
19System or the Judges’ Retirement System II is assigned to serve
20in a court of record, the 8-percent difference between the
21compensation of the retired judge while so assigned and the
22compensation of a judge of the court to which the retired judge is
23assigned shall be paid to the Judges’ Retirement Fund or the
24Judges’ Retirement System II Fund, as applicable.
25(c) During the period of assignment, a retired judge shall be
26allowed expenses for travel, board, and lodging incurred in the
27discharge of the assignment. When assigned to sit in
the county
28in which he or she resides, the judge shall be allowed expenses for
29travel and board incurred in the discharge of the assignment. The
30expenses for travel, board, and lodging shall be paid by the state
31under the rules adopted by the
Department of General Services
32that are applicable to officers of the state provided for in Article
33VI of the California Constitution while traveling on official state
34business.
35(d) Notwithstanding subdivisions (a), (b), and (c) pertaining to
36compensation, a retired judge on senior judge status shall receive
37compensation from the state as provided in Sections 75028 and
3875028.2, and shall be allowed expenses for travel, board, and
39lodging incurred in the discharge of the assignment as provided
40in this section.
Section 68543.8 of the Government Code is amended
2to read:
(a) The Legislature finds that there is a shortage of
4judicial officers available to provide temporary assistance to courts
5in rural counties, under assignment by the chief justice. When
6courts are unable to obtain temporary assistance, delay of both
7civil trials and case settlements occur. The availability of an
8assigned judge can substantially reduce these delays. The purpose
9of this section is to make judicial assistance more available.
10(b) The Judicial Council shall contract with up to 10 retired
11judges who shall be available to be assigned up to 110 court days
12each year by the Chairperson of the Judicial Council to courts in
13counties that
have requested these judges for purposes of reducing
14delays in civil trials in those courts. If counties request more than
1510 retired judges pursuant to this section, the Judicial Council shall
16give priority in assigning the retired judges to counties with fewer
17than 10 judges.
18A judge under contract pursuant to this section shall serve as
19assigned during the period of the contract and waives any right to
20refuse assignment as otherwise provided by law. This section shall
21not be construed to limit the authority of the Chief Justice to make
22assignments to expedite judicial business and to equalize the
23workload of judges.
24(c) Notwithstanding Section 68543.5, each judge under contract
25pursuant to this section shall receive one-half of the daily salary
26of a superior court judge for each day of service, in
addition to any
27retirement benefits to which the judge may be entitled.
28(d) The assigned judge’s salary shall be paid by the state. A
29retired judge under contract pursuant to this section shall be
30allowed expenses for travel, board, and lodging incurred in the
31discharge of each assignment. When assigned to sit in the county
32in which he or she resides, the judge shall be allowed necessary
33and reasonable expenses for travel and board incurred in the
34discharge of the assignment. The expenses for travel, board, and
35lodging shall be paid by the state under the rules adopted by the
36Department of General Services that are applicable to officers of
37the state provided for in Article VI of the California Constitution
38while traveling on official state business.
Section 68565 of the Government Code is amended
40to read:
(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 the Department of General Services.
Section 1492 of the Health and Safety Code is
17amended to read:
A county hospital shall provide persons examined or
19treated in connection with rape or other sexual assaults with
20information regarding assistance which may be provided pursuant
21to Article 1 (commencing with Section 13959) of Chapter 5 of
22Part 4 of Division 3 of Title 2 of the Government Code, together
23with forms made available by the California Victim Compensation
24Board for filing of claims thereunder.
Section 11502 of the Health and Safety Code is
26amended to read:
(a) All moneys, forfeited bail, or fines received by any
28court under this division shall as soon as practicable after the
29receipt thereof be deposited with the county treasurer of the county
30in which the court is situated. Amounts so deposited shall be paid
31at least once a month as follows: 75 percent to the State Treasurer
32by warrant of the county auditor drawn upon the requisition of the
33clerk or judge of the court to be deposited in the State Treasury
34on order of the Controller; and 25 percent to the city treasurer of
35the city, if the offense occurred in a city, otherwise to the treasurer
36of the county in which the prosecution is conducted.
37(b) Any money deposited in the State Treasury under this section
38that is determined by the Controller to have been erroneously
39deposited therein shall be refunded by him or her out of any
P136 1moneys in the State Treasury that are available by law for that
2purpose.
Section 13052 of the Health and Safety Code is
4amended to read:
(a) The public entity rendering the service may present
6a claim to the public entity liable therefor. If the claim is approved
7by the head of the fire department, if any, in the public entity to
8which the claim is presented, and by its governing body, it shall
9be paid in the same manner as other charges and if the claim is not
10paid, an action may be brought for its collection.
11(b) Notwithstanding any other provision of this section, any
12claims against the state shall be presented to the Department of
13
General Services in accordance with Part 3 (commencing with
14Section 900) and Part 4 (commencing with Section 940) of Division
153.6 of Title 1 of the Government Code.
Section 25370 of the Health and Safety Code is
17repealed.
Section 25372 of the Health and Safety Code is
19amended to read:
Any person may apply to the Department of General
21Services pursuant to Section 25373, for compensation of a loss
22caused by the release, in California, of a hazardous substance if
23any of the following conditions are met:
24(a) The source of the release of the hazardous substance, or the
25identity of the party liable for damages in connection therewith or
26responsible for the costs of removal of the hazardous substance,
27is unknown or cannot, with reasonable diligence, be determined.
28(b) The loss was not compensable pursuant to law, including
29Chapter 6.5 (commencing with Section 25100), because there is
30no
liable party or the judgment could not be satisfied, in whole or
31part, against the party determined to be liable for the release of the
32hazardous substance.
33(c) The person has presented a written demand for
34compensation, which sets forth the basis for the claim, to the party
35which the person reasonably believes is liable for a loss specified
36in paragraph (1) of subdivision (a) of Section 25375 which was
37incurred by that person and is compensable pursuant to this article,
38the person has presented the Department of General Services with
39a copy of the demand, and, within 60 days after presenting the
40demand, the party has either rejected, in whole or in part, the
P137 1demand to be compensated for a loss specified in paragraph (1) of
2subdivision (a) of Section 25375, or has not responded to the
3demand. Only losses specified in paragraph (1) of
subdivision (a)
4of Section 25375 are compensable under a claim filed pursuant to
5this subdivision.
Section 25373 of the Health and Safety Code is
7amended to read:
The Department of General Services shall prescribe
9appropriate forms and procedures for claims filed pursuant to this
10article, which shall include, as a minimum, all of the following:
11(a) A provision requiring the claimant to make a sworn
12verification of the claim to the best of his or her knowledge.
13(b) A full description, supported by appropriate evidence from
14government agencies of the release of the hazardous substance
15claimed to be the cause of the physical injury or illness or loss of
16income.
17(c) Certification by the claimant of dates
and places of residence
18for the five years preceding the date of the claim.
19(d) Certification of the medical history of the claimant for the
20five years preceding the date of the claim, along with certification
21of the alleged physical injury or illness and expenses for the
22physical injury or illness. The certification shall be made by
23hospitals, physicians, or other qualified medical authorities.
24(e) The claimant’s income as reported on the claimant’s federal
25income tax return for the preceding three years in order to compute
26lost wages or income.
27(f) Any person who knowingly gives, or causes to be given,
28any false information as a part of any such claim shall be guilty
29of a misdemeanor and shall, upon conviction, be
fined up to five
30thousand dollars ($5,000), or imprisoned for not more than one
31year, or both.
Section 25374 of the Health and Safety Code is
33amended to read:
All decisions rendered by the Department of General
35Services shall be in writing, with notification to all appropriate
36parties, and shall be rendered within 90 days of submission of a
37claim to the Department of General Services unless all the parties
38to the claim agree in writing to an extension of time. The decision
39shall be considered a final agency action for the purposes of judicial
P138 1review of the decision by any party to the proceedings resulting
2in the decision.
Section 25375 of the Health and Safety Code is
4amended to read:
(a) If the Department of General Services makes the
6determination, specified in subdivision (b), that losses resulted
7from the claimant’s damages, injury, or disease, only the following
8losses are compensable pursuant to this article:
9(1) One hundred percent of uninsured, out-of-pocket medical
10expenses, for up to three years from the onset of treatment.
11(2) Eighty percent of any uninsured, actual lost wages, or
12business income in lieu of wages, caused by injury to the claimant
13or the claimant’s property, not to exceed fifteen thousand dollars
14($15,000) per year for three years.
15(3) One hundred percent of uninsured, out-of-pocket expenses
16for remedial action on the claimant’s property undertaken to
17address a release of a hazardous substance when all of the following
18apply:
19(A) The claimant’s property is an owner-occupied single-family
20residence.
21(B) The remedial action was ordered by federal, state, or local
22authorities due to a release of a hazardous substance.
23(C) The department makes one of the following determinations:
24(i) The release of the hazardous substance originated outside
25the boundaries of the property.
26(ii) The
release of the hazardous substance occurred on the
27property, was the result of an action which violated state or federal
28law, and the responsible party cannot be identified or cannot be
29located, or a judgment against the responsible party cannot be
30satisfied.
31The maximum compensation under this paragraph is limited to
32twenty-five thousand dollars ($25,000) per residence and to one
33hundred thousand dollars ($100,000) for five contiguous residential
34properties. Any compensation provided shall be reduced by the
35amount that the remedial action results in a capital improvement
36to the claimant’s residence.
37(4) One hundred percent of the fair market value of
38owner-occupied real property that is rendered permanently unfit
39for occupancy because of the release of a hazardous substance.
40For purposes
of this paragraph, real property is rendered
P139 1
permanently unfit for occupancy only if a state or federal agency
2requires that it be evacuated for a period of six or more months
3because of the release of a hazardous substance. The fair market
4value of the real property shall be determined by an independent
5appraiser, and shall be considered by the independent appraiser as
6being equal to the value of the real property prior to the release of
7the hazardous substance that caused the evacuation of the property.
8Where compensation is made by the Department of General
9Services pursuant to this paragraph, sole ownership of the real
10property shall be transferred to the state and any proceeds resulting
11from the final disposition of the real property shall be deposited
12into the state account, for expenditure by the department upon
13appropriation by the Legislature. To be eligible for compensation
14pursuant to this paragraph, claims for compensation
shall be made
15within 12 months of the date on which the evacuation was ordered.
16(5) One hundred percent of the expenses incurred due to the
17evacuation of a residence ordered by a state or federal agency. For
18purposes of this paragraph, “evacuation expenses” include the cost
19of shelter and any other emergency expenditures incurred due to
20an evacuation ordered by a state or federal agency. The Department
21of General Services may provide compensation, pursuant to this
22paragraph, only if it finds that the evacuation expenses represent
23reasonable costs for the goods or services purchased, and would
24not have been incurred if an evacuation caused by a hazardous
25substance release had not occurred. The
Department of General
26Services may provide compensation for these evacuation expenses
27only if they were incurred within 12 months from the date on which
28evacuation was ordered.
29(b) A loss specified in subdivision (a) is compensable if the
30Department of General Services makes all of the following
31findings, based upon a preponderance of the evidence:
32(1) A release of a hazardous substance occurred.
33(2) The claimant or the claimant’s property was exposed to the
34release of the hazardous substance.
35(3) The exposure of the claimant to the release of the hazardous
36substance was of such a duration, and to such a quantity of the
37hazardous substance,
that the exposure caused the damages, injury,
38or disease which resulted in the claimant’s loss.
P140 1(4) For purposes of paragraphs (4) and (5) of subdivision (a),
2the hazardous substance release, or the order which resulted in the
3claim for compensation occurred on or after January 1, 1986.
4(5) The conditions and requirements of this article including,
5but not limited to, the conditions of Sections 25372 and 25373,
6have been met.
7(c) No money shall be used for the payment of any claim
8authorized by this chapter, where the claim is the result of
9long-term exposure to ambient concentrations of air pollutants.
Section 25375.5 of the Health and Safety Code is
11amended to read:
(a) Except as specified in subdivision (b), the
13procedures specified in Article 8 (commencing with Section
1411435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and
15in Section 11513 of, the Government Code apply to the proceedings
16conducted by the Department of General Services pursuant to this
17article.
18(b) Notwithstanding subdivision (a), Sections 801, 802, 803,
19804, and 805 of the Evidence Code apply to the proceedings
20conducted by the Department of General Services pursuant to this
21article.
22(c) The Department of General Services may consider evidence
23presented
by any person against whom a demand was made
24pursuant to subdivision (c) of Section 25372. The evidence
25presented by that person shall become a part of the record upon
26which the Department of General Services’ decision shall be based.
Section 25376 of the Health and Safety Code is
28amended to read:
No claim may be presented to the Department of
30General Services pursuant to this article later than three years from
31the date of discovery of the loss or from January 1, 1982, whichever
32is later.
Section 25377 of the Health and Safety Code is
34amended to read:
Nothing in this article shall require, or be deemed to
36require, pursuit of any claim against the Department of General
37Services as a condition precedent to any other remedy.
Section 25379 of the Health and Safety Code is
39amended to read:
(a) The following evidence is not admissible as
2evidence in any civil or criminal proceeding, including a
3subrogation action by the state pursuant to Section 25380, to
4establish the liability of any person for any damages alleged to
5have been caused by a release of a hazardous substance:
6(1) A final decision made by the Department of General Services
7pursuant to this article.
8(2) A decision made by the Department of General Services to
9admit or not admit any evidence.
10(3) Any finding of fact or conclusion of law entered by the
11
Department of General Services in a proceeding for a claim
12pursuant to this article.
13(4) The fact that any person has done any of the following in a
14proceeding for a claim pursuant to Section 25372:
15(A) Chosen to participate or appear.
16(B) Chosen not to participate or appear.
17(C) Failed to appear.
18(D) Settled or offered to settle the claim.
19(b) Subdivision (a) does not apply to any civil action or writ by
20a claimant against the Department of General Services for any act,
21decision, or failure to act on a claim submitted by the claimant.
Section 25380 of the Health and Safety Code is
23amended to read:
Compensation of any loss pursuant to this article shall
25be subject to the state’s acquiring, by subrogation, all rights of the
26claimant to recover the loss from the party determined to be liable
27therefor. Upon the request of the Department of General Services,
28the Attorney General shall commence an action in the name of the
29people of the State of California to recover any amount paid in
30compensation for any loss pursuant to this article against any party
31who is liable to the claimant for any loss compensable pursuant
32to this article in accordance with the procedures set forth in
33Sections 25360 to 25364, inclusive. Moneys recovered pursuant
34to this section shall be deposited in the state account.
Section 25381 of the Health and Safety Code is
36amended to read:
(a) The Department of General Services shall, in
38consultation with the department, adopt, and revise when
39appropriate, all rules and regulations necessary to implement this
40article, including methods that provide for establishing that a
P142 1claimant has exercised reasonable diligence in satisfying the
2conditions specified in Sections 25372, 25373, 25375, and 25375.5,
3and regulations that specify the proof necessary to establish a loss
4compensable pursuant to this article.
5(b) Claims approved by the Department of General Services
6pursuant to this article shall be paid from the state account.
7(c) The Legislature may appropriate up to two million dollars
8($2,000,000) annually from the state account to be used by the
9Department of General Services for the payment of awards pursuant
10to this article.
11(d) Claims against or presented to the Department of General
12Services shall not be paid in excess of the amount of money
13appropriated for this purpose from the state account. These claims
14shall be paid only when additional money is collected,
15appropriated, or otherwise added to that account.
Section 25382 of the Health and Safety Code is
17amended to read:
The Department of General Services may expend from
19the state account those sums of money as are reasonably necessary
20to administer and carry out this article.
Section 121270 of the Health and Safety Code is
22amended to read:
(a) There is hereby created the AIDS Vaccine Victims
24Compensation Fund.
25(b) For the purposes of this section, the following definitions
26apply:
27(1) “AIDS vaccine” means a vaccine that (A) has been
28developed by any manufacturer and (B) is approved by the FDA
29or the department pursuant to Part 5 (commencing with Section
30109875) of Division 104 as a safe and efficacious vaccine for the
31purpose of immunizing against AIDS.
32(2) “Damages for personal injuries” means the direct medical
33costs for the care and treatment of
injuries to any person, including
34a person entitled to recover damages under Section 377 of the
35Code of Civil Procedure, proximately caused by an AIDS vaccine,
36the loss of earnings caused by the injuries, and the amount
37necessary, but not to exceed five hundred fifty thousand dollars
38($550,000), to compensate for noneconomic losses, including pain
39and suffering caused by the injuries.
P143 1(3) “Fund” means the AIDS Vaccine Victims Compensation
2Fund.
3(c) The Department of General Services shall pay from the fund,
4contingent entirely upon the availability of moneys as provided in
5subdivision (o), damages for personal injuries caused by an AIDS
6vaccine that is sold in or delivered in California, and administered
7or dispersed in California to the injured person except that no
8payment
shall be made for any of the following:
9(1) Damages for personal injuries caused by the vaccine to the
10extent that they are attributable to the comparative negligence of
11the person making the claim.
12(2) Damages for personal injuries in any instance when the
13manufacturer has been found to be liable for the injuries in a court
14of law.
15(3) Damages for personal injuries due to a vaccination
16administered during a clinical trial.
17(d) An application for payment of damages for personal injuries
18shall be made on a form prescribed by the Department of General
19Services within one year of the date that the injury and its cause
20are discovered. This application may be
required to be verified.
21Upon receipt, the Department of General Services may require the
22submission of additional information necessary to evaluate the
23claim.
24(e) (1) Within 45 days of the receipt of the application and the
25submission of any additional information, the Department of
26General Services shall do either of the following:
27(A) Allow the claim in whole or part.
28(B) Disallow the claim.
29(2) In those instances of unusual hardship to the victim, the
30board may grant an emergency award to the injured person to cover
31immediate needs upon agreement by the injured person to repay
32in the event of a final determination denying the
claim.
33(3) If the claim is denied in whole or part, the victim may apply
34within 60 days of denial for a hearing. The hearing shall be held
35within 60 days of the request for a hearing unless the injured person
36requests a later hearing.
37(f) At the hearing, the injured person may be represented by
38counsel and may present relevant evidence as defined in
39subdivision (c) of Section 11513 of the Government Code. The
40
Department of General Services may consider additional evidence
P144 1presented by its staff. If the injured person declines to appear at
2the hearing, the Department of General Services may act solely
3upon the application, the staff report, and other evidence that
4appears on the record.
5(g) The Department of General Services may delegate the
6hearing of applications to hearing examiners.
7(h) The decision of the Department of General Services shall
8be in writing and shall be delivered or mailed to the injured person
9within 30 days of the hearing. Upon the request by the applicant
10within 30 days of delivery or mailing, the Department of General
11Services may reconsider its decision.
12(i) Judicial review of a
decision shall be under Section 1094.5
13of the Code of Civil Procedure, and the court shall exercise its
14independent judgment. A petition for review shall be filed as
15follows:
16(1) If no request for reconsideration is made, within 30 days of
17personal delivery or mailing of the Department of General Services’
18decision on the application.
19(2) If a timely request for reconsideration is filed and rejected
20by the Department of General Services, within 30 days of personal
21delivery or mailing of the notice of rejection.
22(3) If a timely request for reconsideration is filed and granted
23by the Department of General Services, or reconsideration is
24ordered by the Department of General Services, within 30 days of
25personal
delivery or mailing of the final decision on the
26reconsidered application.
27(j) The Department of General Services shall adopt regulations
28to implement this section, including those governing discovery.
29(k) The fund is subrogated to any right or claim that any injured
30person may have who receives compensation pursuant to this
31section, or any right or claim that the person’s personal
32representative, legal guardian, estate, or survivor may have, against
33any third party who is liable for the personal injuries caused by
34the AIDS vaccine, and the fund shall be entitled to indemnity from
35that third party. The fund shall also be entitled to a lien on the
36judgment, award, or settlement in the amount of any payments
37made to the injured person.
38(l) In the event that the injured person, or his or her guardian,
39personal representative, estate, or survivors, or any of them, bring
40an action for damages against the person or persons liable for the
P145 1injury or death giving rise to an award by the Department of
2General Services under this section, notice of institution of legal
3proceedings and notice of any settlement shall be given to the
4Department of General Services in Sacramento except in cases
5where the Department of General Services specifies that notice
6shall be given to the Attorney General. All notices shall be given
7by the attorney employed to bring the action for damages or by
8the injured person, or his or her guardian, personal representative,
9estate, or survivors, if no attorney is employed.
10(m) This section is not intended to affect the right of any
11individual to
pursue claims against the fund and lawsuits against
12manufacturers concurrently, except that the fund shall be entitled
13to a lien on the judgment, award, or settlement in the amount of
14any payments made to the injured party by the fund.
15(n) There is hereby created the AIDS Vaccine Injury
16Compensation Policy Review Task Force consisting of 14
17members. The task force shall be composed of 10 members
18appointed by the Governor, of which two shall be from a list
19provided by the California Trial Lawyers Association, one from
20the department, the Director of Finance, one unspecified member,
21and one attorney with experience and expertise in products liability
22and negligence defense work, two representing recognized groups
23that represent victims of vaccine induced injuries or AIDS victims,
24or both, and two representing manufacturers actively engaged in
25developing
an AIDS vaccine. In addition four Members of the
26Legislature or their designees shall be appointed to the task force,
27two of which shall be appointed by the Speaker of the Assembly
28and two of which shall be appointed by the Senate Committee on
29Rules. The chairperson of the task force shall be appointed by the
30Governor from the membership of the task force. The task force
31shall study and make recommendations on the legislative
32implementation of the fund created by subdivision (a). These
33recommendations shall at least address the following issues:
34(1) The process by which victims are to be compensated through
35the fund.
36(2) The procedures by which the fund will operate and the
37governance of the fund.
38(3) The method by
which manufacturers are to pay into the fund
39and the amount of that payment.
P146 1(4) The procedural relationship between a potential victim’s
2claim through the fund and a court claim made against the
3manufacturer.
4(5) Other issues deemed appropriate by the task force.
5The task force shall make its recommendations to the Legislature
6on or before June 30, 1987.
7(o) The fund shall be funded wholly by a surcharge on the sale
8of an AIDS vaccine, that has been approved by the FDA, or by
9the department pursuant to Part 5 (commencing with Section
10109875) of Division 104, in California in an amount to be
11determined by the department. The surcharge shall be levied on
12the sale of each
unit of the vaccine sold or delivered, administered,
13or dispensed in California. The appropriate amount of the surcharge
14shall be studied by the AIDS Vaccine Injury Compensation Policy
15Review Task Force, which shall recommend the appropriate
16amount as part of its report, with the amount of the surcharge not
17to exceed ten dollars ($10) per unit of vaccine. Expenditures of
18the task force shall be made at the discretion of the Director of
19Finance or the director’s designee.
20(p) For purposes of this section, claims against the fund are
21contingent upon the existing resources of the fund as provided in
22subdivision (o), and in no case shall the state be liable for any
23claims in excess of the resources in the fund.
Section 11580.1 of the Insurance Code is amended
25to read:
(a) No policy of automobile liability insurance
27described in Section 16054 of the Vehicle Code covering liability
28arising out of the ownership, maintenance, or use of any motor
29vehicle shall be issued or delivered in this state on or after the
30effective date of this section unless it contains the provisions set
31forth in subdivision (b). However, none of the requirements of
32subdivision (b) shall apply to the insurance afforded under the
33policy (1) to the extent that the insurance exceeds the limits
34specified in subdivision (a) of Section 16056 of the Vehicle Code,
35or (2) if the policy contains an underlying insurance requirement,
36or provides for a retained limit of self-insurance, equal to or greater
37than
the limits specified in subdivision (a) of Section 16056 of the
38Vehicle Code.
39(b) Every policy of automobile liability insurance to which
40subdivision (a) applies shall contain all of the following provisions:
P147 1(1) Coverage limits not less than the limits specified in
2subdivision (a) of Section 16056 of the Vehicle Code.
3(2) Designation by explicit description of, or appropriate
4reference to, the motor vehicles or class of motor vehicles to which
5coverage is specifically granted.
6(3) Designation by explicit description of the purposes for which
7coverage for those motor vehicles is specifically excluded.
8(4) Provision affording insurance to the named insured with
9respect to any owned or leased motor vehicle covered by the policy,
10and to the same extent that insurance is afforded to the named
11insured, to any other person using the motor vehicle, provided the
12use is by the named insured or with his or her permission, express
13or implied, and within the scope of that permission, except that:
14(A) with regard to insurance afforded for the loading or unloading
15of the motor vehicle, the insurance may be limited to apply only
16to the named insured, a relative of the named insured who is a
17resident of the named insured’s household, a lessee or bailee of
18the motor vehicle, or an employee of any of those persons; and
19(B) the insurance afforded to any person other than the named
20insured need not apply to: (i) any employee with respect to bodily
21injury sustained by a fellow employee injured in the scope and
22course
of his or her employment, or (ii) any person, or to any agent
23or employee thereof, employed or otherwise engaged in the
24business of selling, repairing, servicing, delivering, testing,
25road-testing, parking, or storing automobiles with respect to any
26accident arising out of the maintenance or use of a motor vehicle
27in connection therewith. As used in this chapter, “owned motor
28vehicle” includes all motor vehicles described and rated in the
29policy.
30(c) In addition to any exclusion provided in paragraph (3) of
31subdivision (b), the insurance afforded by any policy of automobile
32liability insurance to which subdivision (a) applies, including the
33insurer’s obligation to defend, may, by appropriate policy
34provision, be made inapplicable to any or all of the following:
35(1) Liability assumed by the insured under contract.
36(2) Liability for bodily injury or property damage caused
37intentionally by or at the direction of the insured.
38(3) Liability imposed upon or assumed by the insured under
39any workers’ compensation law.
P148 1(4) Liability for bodily injury to any employee of the insured
2arising out of and in the course of his or her employment.
3(5) Liability for bodily injury to an insured or liability for bodily
4injury to an insured whenever the ultimate benefits of that
5indemnification accrue directly or indirectly to an insured.
6(6) Liability for damage to property owned, rented to,
7transported
by, or in the charge of, an insured. A motor vehicle
8operated by an insured shall be considered to be property in the
9charge of an insured.
10(7) Liability for any bodily injury or property damage with
11respect to which insurance is or can be afforded under a nuclear
12energy liability policy.
13(8) Any motor vehicle or class of motor vehicles, as described
14or designated in the policy, with respect to which coverage is
15explicitly excluded, in whole or in part.
16“The insured” as used in paragraphs (1), (2), (3), and (4) shall
17mean only that insured under the policy against whom the particular
18claim is made or suit brought. “An insured” as used in paragraphs
19(5) and (6) shall mean any insured under the policy including those
20persons who would
have otherwise been included within the
21policy’s definition of an insured but, by agreement, are subject to
22the limitations of paragraph (1) of subdivision (d).
23(d) Notwithstanding paragraph (4) of subdivision (b), or Article
242 (commencing with Section 16450) of Chapter 3 of Division 7
25of, or Article 2 (commencing with Section 17150) of Chapter 1 of
26Division 9 of, the Vehicle Code, the insurer and any named insured
27may, by the terms of any policy of automobile liability insurance
28to which subdivision (a) applies, or by a separate writing relating
29thereto, agree as to either or both of the following limitations, the
30agreement to be binding upon every insured to whom the policy
31applies and upon every third-party claimant:
32(1) That coverage and the insurer’s obligation to defend
under
33the policy shall not apply nor accrue to the benefit of any insured
34or any third-party claimant while any motor vehicle is being used
35or operated by a natural person or persons designated by name.
36These limitations shall apply to any use or operation of a motor
37vehicle, including the negligent or alleged negligent entrustment
38of a motor vehicle to that designated person or persons. This
39agreement applies to all coverage provided by that policy and is
40sufficient to comply with the requirements of paragraph (2) of
P149 1subdivision (a) of Section 11580.2 to delete coverage when a motor
2vehicle is operated by a natural person or persons designated by
3name. The insurer shall have an obligation to defend the named
4insured when all of the following apply to that designated natural
5person:
6(A) He or she is a resident of the same household as the
named
7insured.
8(B) As a result of operating the insured motor vehicle of the
9named insured, he or she is jointly sued with the named insured.
10(C) He or she is an insured under a separate automobile liability
11insurance policy issued to him or her as a named insured, which
12policy does not provide a defense to the named insured.
13An agreement made by the insurer and any named insured more
14than 60 days following the inception of the policy excluding a
15designated person by name shall be effective from the date of the
16agreement and shall, with the signature of a named insured, be
17conclusive evidence of the validity of the agreement.
18That agreement shall remain in force as long as the policy
19remains in
force, and shall apply to any continuation, renewal, or
20replacement of the policy by the named insured, or reinstatement
21of the policy within 30 days of any lapse thereof.
22(2) That with regard to a policy issued to a named insured
23engaged in the business of leasing vehicles for those vehicles that
24are leased for a term in excess of six months, or selling, repairing,
25servicing, delivering, testing, road-testing, parking, or storing
26automobiles, coverage shall not apply to any person other than the
27named insured or his or her agent or employee, except to the extent
28that the limits of liability of any other valid and collectible
29insurance available to that person are not equal to the limits of
30liability specified in subdivision (a) of Section 16056 of the Vehicle
31Code. If the policy is issued to a named insured engaged in the
32business of
leasing vehicles, which business includes the lease of
33vehicles for a term in excess of six months, and the lessor includes
34in the lease automobile liability insurance, the terms and limits of
35which are not otherwise specified in the lease, the named insured
36shall incorporate a provision in each vehicle lease contract advising
37the lessee of the provisions of this subdivision and the fact that
38this limitation is applicable except as otherwise provided for by
39statute or federal law.
P150 1(e) Nothing in this section or in Section 16054 or 16450 of the
2Vehicle Code shall be construed to constitute a homeowner’s
3policy, personal and residence liability policy, personal and farm
4liability policy, general liability policy, comprehensive personal
5liability policy, manufacturers’ and contractors’ policy, premises
6liability policy, special multiperil policy, or
any policy or
7endorsement where automobile liability coverage is offered as
8incidental to some other basic coverage as an “automobile liability
9policy” within the meaning of Section 16054 of the Vehicle Code,
10or as a “motor vehicle liability policy” within the meaning of
11Section 16450 of the Vehicle Code, nor shall this section apply to
12a policy that provides insurance covering liability arising out of
13the ownership, maintenance, or use of any motor vehicle in the
14Republic of Mexico issued or delivered in this state by a
15nonadmitted Mexican insurer, notwithstanding that the policy may
16provide automobile or motor vehicle liability coverage on insured
17premises or the ways immediately adjoining.
18(f) (1) On and after January 1, 1976, no policy of automobile
19liability insurance described in subdivision (a) shall be issued,
20amended,
or renewed in this state if it contains any provision that
21expressly or impliedly excludes from coverage under the policy
22the operation or use of an insured motor vehicle by the named
23insured in the performance of volunteer services for a nonprofit
24charitable organization or governmental agency by providing social
25service transportation. This subdivision shall not apply in any case
26in which the named insured receives any remuneration of any kind
27other than reimbursement for actual mileage driven in the
28performance of those services at a rate not to exceed the following:
29(A) For the 1980-81 fiscal year, the maximum rate authorized
30by the California Victim Compensation and Government Claims
31Board shall also be known as the “base rate.”
32(B) For each fiscal year thereafter, the greater
of either (A) the
33maximum rate authorized by the
Department of General Services
34or (B) the base rate as adjusted by the California Consumer Price
35Index.
36(2) No policy of insurance issued under this section may be
37canceled by an insurer solely for the reason that the named insured
38is performing volunteer services for a nonprofit charitable
39organization or governmental agency consisting of providing social
40service transportation.
P151 1(3) For the purposes of this section, “social service
2transportation” means transportation services provided by private
3nonprofit organizations or individuals to either individuals who
4are senior citizens or individuals or groups of individuals who have
5special transportation needs because of physical or mental
6conditions and supported in whole or in part by funding from
7private
or public agencies.
8(g) Notwithstanding paragraph (4) of subdivision (b), or Article
92 (commencing with Section 16450) of Chapter 3 of Division 7
10of, or Article 2 (commencing with Section 17150) of Chapter 1 of
11Division 9 of, the Vehicle Code, a Mexican nonadmitted insurer
12and any named insured may, by the terms of any policy of
13automobile insurance for use solely in the Republic of Mexico to
14which subdivision (a) applies, or by a separate writing relating
15thereto, agree to the limitation that coverage under that policy shall
16not apply to any person riding in or occupying a vehicle owned
17by the insured or driven by another person with the permission of
18the insured. The agreement shall be binding upon every insured
19to whom the policy applies and upon any third-party claimant.
20(h) No policy of automobile insurance that provides insurance
21covering liability arising out of the ownership, maintenance, or
22use of any motor vehicle solely in the Republic of Mexico issued
23by a nonadmitted Mexican insurance company, shall be subject
24to, or provide coverage for, those coverages provided in Section
2511580.2.
Section 11872 of the Insurance Code is amended
27to read:
The fund may annually enter into agreements with state
29agencies for service to be rendered to the fund. These state agencies
30include, but shall not be limited to: the Department of Finance,
31Department of General Services, State Personnel Board, and the
32Public Employees’ Retirement System. If these agencies and the
33fund cannot agree upon the cost of services provided by the
34agreements, the Department of General Services shall be requested
35to arrive at an equitable settlement.
Section 1308.10 of the Labor Code is amended to
37read:
(a) Prior to the employment of a minor under the age
39of 16 years in any of the circumstances listed in subdivision (a) of
40Section 1308.5, the Labor Commissioner may issue a temporary
P152 1permit authorizing employment of the minor to enable a parent or
2guardian of the minor to meet the requirement for a permit under
3subdivision (a) of Section 1308.5 and to establish a trust account
4for the minor or to produce the documentation required by the
5Labor Commissioner for the issuance of a permit under Section
61308.5, subject to all of the following conditions:
7(1) A temporary permit shall be valid for a period not to exceed
810 days from the date of issuance.
9(2) A temporary permit shall not be issued for the employment
10of a minor if the minor’s parent or guardian has previously applied
11for or been issued a permit by the Labor Commissioner pursuant
12to Section 1308.5 or a temporary permit pursuant to this section
13for employment of the minor.
14(3) For infants who are subject to the requirements of Section
151308.8, a temporary permit shall not be issued before the
16requirements of that section are met.
17(4) The Division of Labor Standards Enforcement shall prepare
18and make available on its Internet Web site the application form
19for a temporary permit. An applicant for a temporary permit shall
20submit a completed application and application fee online to the
21division. Upon receipt
of the completed application and fee, the
22division shall immediately issue a temporary permit.
23(b) The Labor Commissioner shall set forth the fee in an amount
24sufficient to pay for the costs of administering the online temporary
25minor’s entertainment work permit program, but not to exceed
26fifty dollars ($50).
Section 1308.11 is added to the Labor Code, to read:
(a) All registrations, fees, and permit fees collected
29under this article shall be deposited in the Labor Enforcement and
30Compliance Fund.
31(b) On the effective date of this section, any moneys in the
32Entertainment Work Permit Fund and any assets, liabilities,
33revenues, expenditures, and encumbrances of that fund shall be
34transferred to the Labor Enforcement and Compliance Fund.
Section 1684 of the Labor Code is amended to read:
(a) The Labor Commissioner shall not issue to any
37person a license to act as a farm labor contractor, nor shall the
38Labor Commissioner renew that license, until all of the following
39conditions are satisfied:
P153 1(1) The person has executed a written application in a form
2prescribed by the Labor Commissioner, subscribed and sworn to
3by the person, and containing all of the following:
4(A) A statement by the person of all facts required by the Labor
5Commissioner concerning the applicant’s character, competency,
6responsibility, and the manner and method by which the person
7proposes to conduct operations as a farm labor
contractor if the
8license is issued.
9(B) The names and addresses of all persons, except bona fide
10employees on stated salaries, financially interested, either as
11partners, associates, or profit sharers, in the proposed operation as
12a farm labor contractor, together with the amount of their respective
13interests.
14(C) A declaration consenting to the designation by a court of
15the Labor Commissioner as an agent available to accept service
16of summons in any action against the licensee if the licensee has
17left the jurisdiction in which the action is commenced or otherwise
18has become unavailable to accept service.
19(D) The names and addresses of all persons who in the previous
20calendar year performed any services described in
subdivision (b)
21of Section 1682 within the scope of his or her employment by the
22licensee on whose behalf he or she was acting, unless the person
23was employed as an independent contractor.
24(2) The Labor Commissioner, after investigation, is satisfied as
25to the character, competency, and responsibility of the person.
26(3) (A) The person has deposited with the Labor Commissioner
27a surety bond in an amount based on the size of the person’s annual
28payroll for all employees, as follows:
29(i) For payrolls up to five hundred thousand dollars ($500,000),
30a twenty-five-thousand-dollar ($25,000) bond.
31(ii) For payrolls of five hundred thousand dollars
($500,000) to
32two million dollars ($2,000,000), a fifty-thousand-dollar ($50,000)
33bond.
34(iii) For payrolls greater than two million dollars ($2,000,000),
35a seventy-five-thousand-dollar ($75,000) bond.
36(B) For purposes of this paragraph, the Labor Commissioner
37shall require documentation of the size of the person’s annual
38payroll, which may include, but is not limited to, information
39provided by the person to the Employment Development
40Department, the Franchise Tax Board, the Division of Workers’
P154 1Compensation, the insurer providing the licensee’s workers’
2compensation insurance, or the Internal Revenue Service.
3(C) If the contractor has been the subject of a final judgment in
4a year in an amount equal to or greater
than the amount of the bond
5required, he or she shall be required to deposit an additional bond
6within 60 days.
7(D) All bonds required under this chapter shall be payable to
8the people of the State of California and shall be conditioned upon
9the farm labor contractor’s compliance with all the terms and
10provisions of this chapter and subdivisions (j) and (k) of Section
1112940 of, and Sections 12950 and 12950.1 of, the Government
12Code, and payment of all damages occasioned to any person by
13failure to do so, or by any violation of this chapter or of subdivision
14(j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of,
15the Government Code, or any violation of Title VII of the Civil
16Rights Act of 1964 (Public Law 88-352), or false statements or
17misrepresentations made in the procurement of the license. The
18bond shall also be
payable for interest on wages and for any
19damages arising from violation of orders of the Industrial Welfare
20Commission, and for any other monetary relief awarded to an
21agricultural worker as a result of a violation of this code or of
22subdivision (j) or (k) of Section 12940 of, or Section 12950 or
2312950.1 of, the Government Code, or any violation of Title VII
24of the Civil Rights Act of 1964 (Public Law 88-352).
25(4) The person has paid to the Labor Commissioner a license
26fee of five hundred dollars ($500) plus a filing fee of ten dollars
27($10). However, when a timely application for renewal is filed,
28the ten-dollar ($10) filing fee is not required. The license fee shall
29increase by one hundred dollars ($100), to six hundred dollars
30($600), on January 1, 2015. The amount attributable to this increase
31shall be expended by the Labor Commissioner
to fund the Farm
32Labor Contractor Enforcement Unit and the Farm Labor Contractor
33License Verification Unit. The Labor Commissioner shall deposit
34one hundred fifty dollars ($150) of each licensee’s annual license
35fee into the Farmworker Remedial Account. Funds from this
36account shall be disbursed by the Labor Commissioner only to
37persons determined by the Labor Commissioner to have been
38damaged by any licensee if the damage exceeds the amount of the
39licensee’s bond or the surety fails to pay the full amount of the
40licensee’s bond, or to persons determined by the Labor
P155 1Commissioner to have been damaged by an unlicensed farm labor
2contractor. In making these determinations, the Labor
3Commissioner shall disburse funds from the Farmworker Remedial
4Account to satisfy claims against farm labor contractors or
5unlicensed farm labor contractors, which shall also include interest
6on
wages and any damages arising from the violation of orders of
7the Industrial Welfare Commission, for any other monetary relief
8awarded to an agricultural worker as a result of a violation of this
9code, and for all damages arising from any violation of subdivision
10(j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of,
11the Government Code, or any violation of Title VII of the Civil
12Rights Act of 1964 (Public Law 88-352). The Labor Commissioner
13may disburse funds from the Farmworker Remedial Account to
14farm labor contractors, for payment of farmworkers, when a
15contractor is unable to pay farmworkers due to the failure of a
16grower or packer to pay the contractor. Any disbursed funds
17subsequently recovered by the Labor Commissioner pursuant to
18Section 1693, or otherwise, shall be returned to the Farmworker
19Remedial Account.
20(5) The
person has taken a written examination that demonstrates
21an essential degree of knowledge of the current laws and
22administrative regulations concerning farm labor contractors as
23the Labor Commissioner deems necessary for the safety and
24protection of farmers, farmworkers, and the public, including the
25identification and prevention of sexual harassment in the
26workplace. To successfully complete the examinations, the person
27must correctly answer at least 85 percent of the questions posed.
28The examination period shall not exceed four hours. The
29examination may only be taken a maximum of three times in a
30calendar year. The examinations shall include a demonstration of
31knowledge of the current laws and regulations regarding wages,
32hours, and working conditions, penalties, employee housing and
33transportation, collective bargaining, field sanitation, and safe
34work practices related to pesticide use,
including all of the
35following subjects:
36(A) Field reentry regulations.
37(B) Worker pesticide safety training.
38(C) Employer responsibility for safe working conditions.
39(D) Symptoms and appropriate treatment of pesticide poisoning.
P156 1(6) The person has registered as a farm labor contractor pursuant
2to the federal Migrant and Seasonal Agricultural Worker Protection
3Act (29 U.S.C. Sec. 1801 et seq.), when registration is required
4pursuant to federal law, and that information is provided by the
5person to the Labor Commissioner.
6(7) Each
of the person’s employees has registered as a farm
7labor contractor employee pursuant to the federal Migrant and
8Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801
9et seq.) if that registration is required pursuant to federal law, and
10that information is provided by the person to the Labor
11Commissioner.
12(8) (A) The person has executed a written statement, that has
13been provided to the Labor Commissioner, attesting that the
14person’s supervisorial employees, including any supervisor,
15crewleader, mayordomo, foreperson, or other employee whose
16duties include the supervision, direction, or control of agricultural
17employees, have been trained at least once for at least two hours
18each calendar year in the prevention of sexual harassment in the
19workplace, and that all new nonsupervisorial employees, including
20agricultural
employees, have been trained at the time of hire, and
21that all nonsupervisorial employees, including agricultural
22employees, have been trained at least once every two years in
23identifying, preventing, and reporting sexual harassment in the
24workplace.
25(B) Sexual harassment prevention training shall consist of
26training administered by a licensee or appropriate designee of the
27licensee.
28(C) Sexual harassment prevention training shall include, at a
29minimum, components of the following as consistent with Section
3012950 of the Government Code:
31(i) The illegality of sexual harassment.
32(ii) The definition of sexual harassment under applicable state
33and federal
law.
34(iii) A description of sexual harassment, utilizing examples.
35(iv) The internal complaint process of the employer available
36to the employee.
37(v) The legal remedies and complaint process available through
38the Department of Fair Employment and Housing.
39(vi) Directions for how to contact the Department of Fair
40Employment and Housing.
P157 1(vii) The protection against retaliation provided under current
2law.
3(D) The trainer may use the text of the Department of Fair
4Employment and Housing’s pamphlet DFEH-185, “Sexual
5Harassment” as a
guide to training, or may use other written
6material or other training resources covering the information
7required in subparagraph (C).
8(E) At the conclusion of the training, the trainer shall provide
9the employee with a copy of the Department of Fair Employment
10and Housing’s pamphlet DFEH-185, and a record of the training
11on a form provided by the Labor Commissioner that includes the
12name of the trainer and the date of the training.
13(F) The licensee shall keep a record with the names of all
14employees who have received sexual harassment training for a
15period of three years.
16(b) The Labor Commissioner shall consult with the Director of
17Pesticide Regulation, the Department of the California Highway
18Patrol, the
Department of Housing and Community Development,
19the Employment Development Department, the Department of
20Fair Employment and Housing, the Department of Food and
21Agriculture, the Department of Motor Vehicles, and the Division
22of Occupational Safety and Health in preparing the examination
23required by paragraph (5) of subdivision (a) and the appropriate
24educational materials pertaining to the matters included in the
25examination, and may charge a fee of not more than two hundred
26dollars ($200) to cover the cost of administration of the
27examination.
28(c) The person shall also enroll and participate in at least nine
29hours of relevant educational classes each year. The classes shall
30include at least one hour of sexual harassment prevention training.
31The classes shall be chosen from a list of approved classes prepared
32by the Labor
Commissioner, in consultation with the persons and
33entities listed in subdivision (b) and county agricultural
34commissioners.
35(d) The Labor Commissioner may renew a license without
36requiring the applicant for renewal to take the examination
37specified in paragraph (5) of subdivision (a) if the Labor
38Commissioner finds that the applicant meets all of the following
39criteria:
P158 1(1) Has satisfactorily completed the examination during the
2immediately preceding two years.
3(2) Has not during the preceding year been found to be in
4violation of any applicable laws or regulations including, but not
5limited to, Division 7 (commencing with Section 12501) of the
6Food and Agricultural Code, subdivisions (j) and (k) of Section
712940
of, and Section 12950 or 12950.1 of, the Government Code,
8Part 1 (commencing with Section 17000) of Division 13 of the
9Health and Safety Code, Division 2 (commencing with Section
10200), Division 4 (commencing with Section 3200), and Division
115 (commencing with Section 6300) of this code, and Chapter 1
12(commencing with Section 12500) of Division 6 of the Vehicle
13Code.
14(3) Has, for each year since the license was obtained, enrolled
15and participated in at least eight hours of relevant, educational
16classes, chosen from a list of approved classes prepared by the
17Labor Commissioner.
18(4) Has complied with all other requirements of this section.
Section 1698 of the Labor Code is amended to read:
All fines collected for violations of this chapter shall be
21paid into the Farmworker Remedial Account and shall be available,
22upon appropriation, for purposes of this chapter. Of the moneys
23collected for licenses issued pursuant to this chapter, one hundred
24fifty dollars ($150) of each annual license fee shall be deposited
25in the Farmworker Remedial Account pursuant to paragraph (4)
26of subdivision (a) of Section 1684, three hundred fifty dollars
27($350) of each annual license fee shall be expended by the Labor
28Commissioner to fund the Farm Labor Contractor Enforcement
29Unit and the Farm Labor Contractor License Verification Unit,
30both within the department, and the remaining money shall be paid
31into the Labor Enforcement
and Compliance Fund.
Section 1700.18 of the Labor Code is amended to
33read:
(a) All moneys collected for filing fees and licenses
35under this chapter shall be paid into the State Treasury and credited
36to the
Labor Enforcement and Compliance Fund.
37(b) All fines collected for violations of this chapter shall be paid
38into the State Treasury and credited to the General Fund.
Section 1706 of the Labor Code is amended to read:
(a) (1) No person shall represent or provide specified
2services to any artist who is a minor, under 18 years of age, without
3first submitting an application to the Labor Commissioner for a
4Child Performer Services Permit and receiving that permit.
5(2) The Labor Commissioner shall set forth a filing fee, to be
6paid by the applicant to the commissioner at the time the
7application is filed, in an amount sufficient to reimburse the Labor
8Commissioner for the costs of the permit program. This amount
9shall be in addition to any charge imposed by the Labor
10Commissioner pursuant to paragraph (3) of subdivision (c).
11(3) (A) The Labor Commissioner shall issue a Child Performer
12Services Permit to the applicant after he or she has received the
13application and filing fee and determined from information
14provided by the Department of Justice that the person is not
15required to register pursuant to Sections 290 to 290.006, inclusive,
16of the Penal Code.
17(B) After receiving his or her first Child Performer Services
18Permit, a person shall on a biennial basis renew his or her
19application by resubmitting his or her name and a new filing fee
20to the Labor Commissioner in the amount set forth by the Labor
21Commissioner pursuant to paragraph (2). The Labor Commissioner
22shall issue a renewed permit to the person after receiving his or
23her application and filing fee and determining from the subsequent
24arrest notification provided by the
Department of Justice pursuant
25to subparagraph (D) of paragraph (2) of subdivision (c) that the
26person is not required to register pursuant to Sections 290 to
27290.006, inclusive, of the Penal Code. A person shall not be
28required to resubmit his or her fingerprints in order to renew his
29or her permit.
30(b) Except for subdivision (f) and Sections 1706.1 to 1706.5,
31inclusive, when applied to a violation of subdivision (f), this
32chapter does not apply to the following:
33(1) A person licensed as a talent agent as specified in Chapter
344 (commencing with Section 1700), or operating under the license
35of a talent agent.
36(2) A studio teacher certified by the Labor Commissioner as
37defined in Section 11755 of Title 8 of the
California Code of
38Regulations.
39(3) A person whose contact with minor children is restricted to
40locations where, either by law or regulation, the minor must be
P160 1accompanied at all times by a parent or guardian, and the parent
2or guardian must be within sight or sound of the minor.
3(4) A person who has only incidental and occasional contact
4with minor children, unless the person works directly with minor
5children, has supervision or disciplinary power over minor children,
6or receives a fee.
7(c) (1) Each person required to submit an application to the
8Labor Commissioner pursuant to paragraph (1) of subdivision (a)
9shall provide to the Department of Justice electronic fingerprint
10images and
related information required by the department of all
11permit applicants, for the purposes of obtaining information as to
12the existence and content of a record of state or federal arrests and
13convictions, including arrests for which the Department of Justice
14establishes that the person is free on bail or on his or her
15recognizance pending trial or appeal.
16(2) (A) When received, the Department of Justice shall forward
17the fingerprint images and related information described in
18paragraph (1) to the Federal Bureau of Investigation and request
19a federal summary for criminal history information.
20(B) (i) The Department of Justice shall review the information
21returned from the Federal Bureau of Investigation and compile
22and disseminate a response to the
Labor Commissioner.
23(ii) The Department of Justice’s response shall provide both
24state and federal criminal history information pursuant to paragraph
25(1) of subdivision (p) of Section 11105 of the Penal Code.
26(C) The Labor Commissioner shall request from the Department
27of Justice subsequent arrest notification service, as provided
28pursuant to Section 11105.2 of the Penal Code, for each person
29who submitted fingerprint images and the related information
30pursuant to paragraph (1).
31(3) (A) The Department of Justice shall charge the Labor
32Commissioner a fee sufficient to cover the cost of processing the
33request described in paragraph (2).
34(B) In addition to the filing fee paid by the applicant pursuant
35to subdivision (a) to reimburse the Labor Commissioner for the
36costs of the permit program, the Labor Commissioner may charge
37the applicant a fee sufficient to cover the costs of the fee imposed
38by the Department of Justice pursuant to subparagraph (A). The
39amount of the fee imposed pursuant to this subparagraph shall be
40forwarded by the Labor Commissioner to the Department of Justice
P161 1with the applicant’s name, fingerprints, and other information
2described in paragraph (1). This fee shall be available to the
3Department of Justice for the purposes described in subparagraph
4(A), upon appropriation by the Legislature.
5(4) Upon receipt of information from the Department of Justice
6provided pursuant to subparagraphs (C) and (D) of paragraph (2),
7the commissioner
shall timely cause a copy of the information to
8be sent to the person who has submitted the application, and shall
9keep a copy of the information and application on file.
10(d) The Labor Commissioner shall maintain a list of all persons
11holding a valid Child Performer Services Permit issued under this
12chapter and make this list publicly available on its Internet Web
13site.
14(e) (1) Upon receipt of a valid Child Performer Services Permit,
15the recipient shall post the permit in a conspicuous place in his or
16her place of business.
17(2) Any person who is a recipient of a valid Child Performer
18Services Permit shall include the permit number on advertising in
19print or electronic media, including, but not limited to,
Internet
20Web sites, or in any other medium of advertising.
21(f) No person, including a person described in subdivision (b),
22who is required to register pursuant to Sections 290 to 290.006,
23inclusive, of the Penal Code may represent or provide specified
24services to any artist who is a minor.
25(g) For purposes of this section, the following terms have the
26following meanings:
27(1) “Artist” means a person who is or seeks to become an actor,
28actress, model, extra, radio artist, musical artist, musical
29organization, director, musical director, writer, cinematographer,
30
composer, lyricist, arranger, or other person rendering professional
31services in motion picture, theatrical, radio, television, Internet,
32print media, or other entertainment enterprises or technologies.
33(2) Except as used in the context of a fee an applicant is required
34to pay with his or her application, “fee” means any money or other
35valuable consideration paid or promised to be paid by an artist, by
36an individual on behalf of an artist, or by a corporation formed on
37behalf of an artist for services rendered or to be rendered by any
38person conducting the business of representing artists.
P162 1(3) “Person” means any individual, company, society, firm,
2partnership, association, corporation, limited liability company,
3trust, or other organization.
4(4) To “represent or provide specified services to” means to
5provide, offer to provide, or advertise or represent as providing,
6for a fee one or more of the following services:
7(A) Photography for use as an artist, including, but not limited
8to, still photography, digital photography, and video and film
9services.
10(B) Managing or directing the development or advancement of
11the artist’s career as an artist.
12(C) Career counseling, career consulting, vocational guidance,
13aptitude testing, evaluation, or planning, in each case relating to
14the preparation of the artist for employment as an artist.
15(D) Public relations services or publicity, or both, including
16arranging personal appearances, developing and distributing press
17packets, managing fan mail, designing and maintaining Internet
18Web sites, and consulting on media relations.
19(E) Instruction, evaluation, lessons, coaching, seminars,
20workshops, or similar training as an artist, including, but not limited
21to, acting, singing, dance, voice, or similar instruction services.
22(F) A camp for artists, which includes, but is not limited to, a
23day camp or overnight camp in which any portion of the camp
24includes any services described in subparagraphs (A) to (E),
25inclusive.
26(h) (1) The Labor Commissioner shall deposit all filing fees
27described
in subdivision (a) into the Labor Enforcement and
28Compliance Fund to pay for the costs of administering the Child
29Performer Services Permit program.
30(2) On the effective date of the statute adding this subdivision,
31any moneys in the Child Performer Services Permit Fund and any
32assets, liabilities, revenues, expenditures, and encumbrances of
33that fund shall be transferred to the Labor Enforcement and
34Compliance Fund.
Section 1720.9 of the Labor Code is amended to
36read:
(a) For the limited purposes of Article 2 (commencing
38with Section 1770), “public works” also means the hauling and
39delivery of ready-mixed concrete to carry out a public works
40contract, with respect to contracts involving any state agency,
P163 1including the California State University and the University of
2California, or any political subdivision of the state.
3(b) For purposes of this section, “ready-mixed concrete” means
4concrete that is manufactured in a factory or a batching plant,
5according to a set recipe, and then delivered in a liquefied state by
6mixer truck for immediate incorporation into a project.
7(c) For purposes of
this section, the “hauling and delivery of
8ready-mixed concrete to carry out a public works contract” means
9the job duties for a ready mixer driver that are used by the director
10in determining wage rates pursuant to Section 1773, and includes
11receiving the concrete at the factory or batching plant and the return
12trip to the factory or batching plant.
13(d) For purposes of this section, the applicable prevailing wage
14rate shall be the current prevailing wage, as determined by the
15director, for the geographic area in which the factory or batching
16plant is located.
17(e) The entity hauling or delivering ready-mixed concrete to
18carry out a public works contract shall enter into a written
19subcontract agreement with the party that engaged the entity to
20supply the ready-mixed concrete. The
written agreement shall
21require compliance with the requirements of this chapter. The
22entity hauling or delivering ready-mixed concrete shall be
23considered a subcontractor solely for the purposes of this chapter.
24Nothing in this section shall cause any entity to be treated as a
25contractor or subcontractor for any purpose other than the
26application of this chapter.
27(f) The entity hauling or delivering ready-mixed concrete to
28carry out a public works contract shall submit a certified copy of
29the payroll records required by subdivision (a) of Section 1776 to
30the party that engaged the entity and to the general contractor
31within five working days after the employee has been paid,
32accompanied by a written time record that shall be certified by
33each driver for the performance of job duties in subdivision (c).
34(g) This section shall not apply to public works contracts that
35are advertised for bid or awarded prior to July 1, 2016.
Section 2059 of the Labor Code is amended to read:
(a) (1) The commissioner shall collect from employers
38a registration fee for each branch location, and, except as provided
39in paragraph (2), may periodically adjust the registration
fee, in
P164 1an amount sufficient to fund all direct and indirect costs to
2administer and enforce
this part.
3(2) The fee established pursuant to paragraph (1) shall not be
4increased unless the published fund balance is projected to fall
5below 25 percent of annual expenditures.
6(b) In addition to the fee in subdivision (a), each employer shall
7be assessed an annual fee in an amount equivalent to 20 percent
8of the registration fee collected pursuant to subdivision (a) for each
9branch location that shall be deposited in the Car Wash Worker
10Restitution Fund.
Section 2065 of the Labor Code is amended to read:
(a) The Car Wash Worker Restitution Fund is established
13in the State Treasury.
14(1) The following moneys shall be deposited into this fund:
15(A) The annual fee required pursuant to subdivision (b) of
16Section 2059.
17(B) Fifty percent of the fines collected pursuant to Section 2064.
18(C) Pursuant to subdivision (b) of Section 2059, an amount
19equal to 20 percent of the initial registration fee required pursuant
20to subdivision (a) of Section 2059.
21(2) Upon appropriation by the Legislature, the moneys in the
22fund shall be disbursed by the commissioner only to persons
23determined by the commissioner to have been damaged by the
24failure to pay wages and penalties and other related damages by
25any employer, to ensure the payment of wages and penalties and
26other related damages. Any disbursed funds subsequently recovered
27by the commissioner shall be returned to the fund.
28(b) The Car Wash Worker Fund is established in the State
29Treasury.
30(1) The following moneys shall be deposited into this fund:
31(A) Fifty percent of the fines collected pursuant to Section 2064.
32(B) The initial registration fee required pursuant to subdivision
33(a) of Section 2059, less the amount specified in subparagraph (C)
34of paragraph (1) of subdivision (a).
35(2) Upon appropriation by the Legislature, the moneys in this
36fund shall be applied to all direct and indirect costs incurred by
37the commissioner in administering this part and all direct and
38indirect costs of enforcement and investigation of the car washing
39and polishing industry.
P165 1(c) The Department of Industrial Relations may establish by
2regulation those procedures necessary to carry out this section.
Section 2658 of the Labor Code is amended to read:
(a) A person shall not employ an industrial homeworker
5in any industry not prohibited by Section 2651 unless the person
6employing an industrial homeworker has obtained a valid industrial
7homework license from the division.
8(b) Application for a license to employ industrial homeworkers
9shall be made to the division in a form as the division may by
10regulation prescribe. A license fee of one hundred dollars ($100)
11for each industrial homeworker employed shall be paid to the
12division and the license shall be valid for a period of one year from
13the date of issuance unless sooner revoked or suspended.
14(c) Renewal fees shall be at the same rate and conditions as the
15original license.
16(d) The division may revoke or suspend the license upon a
17finding that the person has violated this part or has failed to comply
18with the regulations of the division or with the license. The
19industrial homework license shall not be transferable.
20(e) All license and permit fees received under this part shall be
21paid into the Labor Enforcement and Compliance Fund.
It is the intent of the Legislature that the Labor and
23Workforce Development Agency shall continue to assign the duties
24prescribed in the Labor Code Private Attorneys General Act of
252004 (Part 13 (commencing with Section 2698) of Division 2 of
26the Labor Code) to the departments, divisions, commissions,
27boards, or agencies where those duties are customarily performed.
Section 2699 of the Labor Code is amended to read:
(a) Notwithstanding any other provision of law, any
30provision of this code that provides for a civil penalty to be
31assessed and collected by the Labor and Workforce Development
32Agency or any of its departments, divisions, commissions, boards,
33agencies, or employees, for a violation of this code, may, as an
34alternative, be recovered through a civil action brought by an
35aggrieved employee on behalf of himself or herself and other
36current or former employees pursuant to the procedures specified
37in Section 2699.3.
38(b) For purposes of this part, “person” has the same meaning
39as defined in Section 18.
P166 1(c) For purposes of
this part, “aggrieved employee” means any
2person who was employed by the alleged violator and against
3whom one or more of the alleged violations was committed.
4(d) For purposes of this part, “cure” means that the employer
5abates each violation alleged by any aggrieved employee, the
6employer is in compliance with the underlying statutes as specified
7in the notice required by this part, and any aggrieved employee is
8made whole. A violation of paragraph (6) or (8) of subdivision (a)
9of Section 226 shall only be considered cured upon a showing that
10the employer has provided a fully compliant, itemized wage
11statement to each aggrieved employee for each pay period for the
12three-year period prior to the date of the written notice sent
13pursuant to paragraph (1) of subdivision (c) of Section 2699.3.
14(e) (1) For purposes of this part, whenever the Labor and
15Workforce Development Agency, or any of its departments,
16divisions, commissions, boards, agencies, or employees, has
17discretion to assess a civil penalty, a court is authorized to exercise
18the same discretion, subject to the same limitations and conditions,
19to assess a civil penalty.
20(2) In any action by an aggrieved employee seeking recovery
21of a civil penalty available under subdivision (a) or (f), a court
22may award a lesser amount than the maximum civil penalty amount
23specified by this part if, based on the facts and circumstances of
24the particular case, to do otherwise would result in an award that
25is unjust, arbitrary and oppressive, or confiscatory.
26(f) For all provisions of this code
except those for which a civil
27penalty is specifically provided, there is established a civil penalty
28for a violation of these provisions, as follows:
29(1) If, at the time of the alleged violation, the person does not
30
employ one or more employees, the civil penalty is five hundred
31dollars ($500).
32(2) If, at the time of the alleged violation, the person employs
33one or more employees, the civil penalty is one hundred dollars
34($100) for each aggrieved employee per pay period for the initial
35violation and two hundred dollars ($200) for each aggrieved
36employee per pay period for each subsequent violation.
37(3) If the alleged violation is a failure to act by the Labor and
38Workplace Development Agency, or any of its departments,
39divisions, commissions, boards, agencies, or employees, there shall
40be no civil penalty.
P167 1(g) (1) Except as provided in paragraph (2), an aggrieved
2employee may recover the civil
penalty described in subdivision
3(f) in a civil action pursuant to the procedures specified in Section
42699.3 filed on behalf of himself or herself and other current or
5former employees against whom one or more of the alleged
6violations was committed. Any employee who prevails in any
7action shall be entitled to an award of reasonable attorney’s fees
8and costs, including any filing fee paid pursuant to subparagraph
9(B) of paragraph (1) of subdivision (a) or subparagraph (B) of
10paragraph (1) of subdivision (c) of Section 2699.3. Nothing in this
11part shall operate to limit an employee’s right to pursue or recover
12other remedies available under state or federal law, either separately
13or concurrently with an action taken under this part.
14(2) No action shall be brought under this part for any violation
15of a posting, notice, agency
reporting, or filing requirement of this
16code, except where the filing or reporting requirement involves
17mandatory payroll or workplace injury reporting.
18(h) No action may be brought under this section by an aggrieved
19employee if the agency or any of its departments, divisions,
20commissions, boards, agencies, or employees, on the same facts
21and theories, cites a person within the timeframes set forth in
22Section 2699.3 for a violation of the same section or sections of
23the Labor Code under which the aggrieved employee is attempting
24to recover a civil penalty on behalf of himself or herself or others
25or initiates a proceeding pursuant to Section 98.3.
26(i) Except as provided in subdivision (j), civil penalties
27recovered by aggrieved employees shall be distributed as follows:
2875
percent to the Labor and Workforce Development Agency for
29enforcement of labor laws, including the administration of this
30part, and for education of employers and employees about their
31rights and responsibilities under this code, to be continuously
32appropriated to supplement and not supplant the funding to the
33agency for those purposes; and 25 percent to the aggrieved
34employees.
35(j) Civil penalties recovered under paragraph (1) of subdivision
36(f) shall be distributed to the Labor and Workforce Development
37Agency for enforcement of labor laws, including the administration
38of this part, and for education of employers and employees about
39their rights and responsibilities under this code, to be continuously
P168 1appropriated to supplement and not supplant the funding to the
2agency for those purposes.
3(k) Nothing contained in this part is intended to alter or
4otherwise affect the exclusive remedy provided by the workers’
5compensation provisions of this code for liability against an
6employer for the compensation for any injury to or death of an
7employee arising out of and in the course of employment.
8(l) (1) For cases filed on or after July 1, 2016, the aggrieved
9employee or representative shall, within 10 days following
10commencement of a civil action pursuant to this part, provide the
11Labor and Workforce Development Agency with a file-stamped
12copy of the complaint that includes the case number assigned by
13the court.
14(2) The superior court shall review and approve any settlement
15of any civil action filed pursuant to
this part. The proposed
16settlement shall be submitted to the agency at the same time that
17it is submitted to the court.
18(3) A copy of the superior court’s judgment in any civil action
19filed pursuant to this part and any other order in that action that
20either provides for or denies an award of civil penalties under this
21code shall be submitted to the agency within 10 days after entry
22of the judgment or order.
23(4) Items required to be submitted to the Labor and Workforce
24Development Agency under this subdivision or to the Division of
25Occupational Safety and Health pursuant to paragraph (4) of
26subdivision (b) of Section 2699.3, shall be transmitted online
27through the same system established for the filing of notices and
28requests under
subdivisions (a) and (c) of Section 2699.3.
29(m) This section shall not apply to the recovery of administrative
30and civil penalties in connection with the workers’ compensation
31law as contained in Division 1 (commencing with Section 50) and
32Division 4 (commencing with Section 3200), including, but not
33limited to, Sections 129.5 and 132a.
34(n) The agency or any of its departments, divisions,
35commissions, boards, or agencies may promulgate regulations to
36implement the provisions of this part.
Section 2699.3 of the Labor Code is amended to
38read:
(a) A civil action by an aggrieved employee pursuant
40to subdivision (a) or (f) of Section 2699 alleging a violation of any
P169 1provision listed in Section 2699.5 shall commence only after the
2following requirements have been met:
3(1) (A) The aggrieved employee or representative shall give
4written notice by online filing with the Labor and Workforce
5Development Agency and by certified mail to the employer of the
6specific provisions of this code alleged to have been violated,
7including the facts and theories to support the alleged violation.
8(B) A notice filed with the Labor and Workforce Development
9Agency
pursuant to subparagraph (A) and any employer response
10to that notice shall be accompanied by a filing fee of seventy-five
11dollars ($75). The fees required by this subparagraph are subject
12to waiver in accordance with the requirements of Sections 68632
13and 68633 of the Government Code.
14(C) The fees paid pursuant to subparagraph (B) shall be paid
15into the Labor and Workforce Development Fund and used for the
16purposes specified in subdivision (j) of Section 2699.
17(2) (A) The agency shall notify the employer and the aggrieved
18employee or representative by certified mail that it does not intend
19to investigate the alleged violation within 60 calendar days of the
20postmark date of the notice received pursuant to paragraph (1).
21Upon
receipt of that notice or if no notice is provided within 65
22calendar days of the postmark date of the notice given pursuant to
23paragraph (1), the aggrieved employee may commence a civil
24action pursuant to Section 2699.
25(B) If the agency intends to investigate the alleged violation, it
26shall notify the employer and the aggrieved employee or
27representative by certified mail of its decision within 65 calendar
28days of the postmark date of the notice received pursuant to
29paragraph (1). Within 120 calendar days of that decision, the
30agency may investigate the alleged violation and issue any
31appropriate citation. If the agency, during the course of its
32investigation, determines that additional time is necessary to
33complete the investigation, it may extend the time by not more
34than 60 additional calendar days and shall issue a notice of the
35extension.
If the agency determines that no citation will be issued,
36it shall notify the employer and aggrieved employee of that decision
37within five business days thereof by certified mail. Upon receipt
38of that notice or if no citation is issued by the agency within the
39time limits prescribed by subparagraph (A) and this subparagraph
40or if the agency fails to provide timely or any notification, the
P170 1aggrieved employee may commence a civil action pursuant to
2Section 2699.
3(C) Notwithstanding any other provision of law, a plaintiff may
4as a matter of right amend an existing complaint to add a cause of
5action arising under this part at any time within 60 days of the time
6periods specified in this part.
7(D) The time limits prescribed by this paragraph shall only apply
8if the notice required by
paragraph (1) is filed with the agency on
9or after July 1, 2016. For notices submitted prior to July 1, 2016,
10the time limits in effect on the postmark date of the notice shall
11apply.
12(b) A civil action by an aggrieved employee pursuant to
13subdivision (a) or (f) of Section 2699 alleging a violation of any
14provision of Division 5 (commencing with Section 6300) other
15than those listed in Section 2699.5 shall commence only after the
16following requirements have been met:
17(1) The aggrieved employee or representative shall give notice
18by online filing with the Division of Occupational Safety and
19Health and by certified mail to the employer, with a copy to the
20Labor and Workforce Development Agency, of the specific
21provisions of Division 5 (commencing with
Section 6300) alleged
22to have been violated, including the facts and theories to support
23the alleged violation.
24(2) (A) The division shall inspect or investigate the alleged
25violation pursuant to the procedures specified in Division 5
26(commencing with Section 6300).
27(i) If the division issues a citation, the employee may not
28commence an action pursuant to Section 2699. The division shall
29notify the aggrieved employee and employer in writing within 14
30calendar days of certifying that the employer has corrected the
31violation.
32(ii) If by the end of the period for inspection or investigation
33provided for in Section 6317, the division fails to issue a citation
34and the aggrieved employee disputes
that decision, the employee
35may challenge that decision in the superior court. In such an action,
36the superior court shall follow precedents of the Occupational
37Safety and Health Appeals Board. If the court finds that the division
38should have issued a citation and orders the division to issue a
39citation, then the aggrieved employee may not commence a civil
40action pursuant to Section 2699.
P171 1(iii) A complaint in superior court alleging a violation of
2Division 5 (commencing with Section 6300) other than those listed
3in Section 2699.5 shall include therewith a copy of the notice of
4violation provided to the division and employer pursuant to
5paragraph (1).
6(iv) The superior court shall not dismiss the action for
7nonmaterial differences in facts or theories between those contained
8in
the notice of violation provided to the division and employer
9pursuant to paragraph (1) and the complaint filed with the court.
10(B) If the division fails to inspect or investigate the alleged
11violation as provided by Section 6309, the provisions of subdivision
12(c) shall apply to the determination of the alleged violation.
13(3) (A) Nothing in this subdivision shall be construed to alter
14the authority of the division to permit long-term abatement periods
15or to enter into memoranda of understanding or joint agreements
16with employers in the case of long-term abatement issues.
17(B) Nothing in this subdivision shall be construed to authorize
18an employee to file a notice or to commence a civil action pursuant
19to
Section 2699 during the period that an employer has voluntarily
20entered into consultation with the division to ameliorate a condition
21in that particular worksite.
22(C) An employer who has been provided notice pursuant to this
23section may not then enter into consultation with the division in
24order to avoid an action under this section.
25(4) The superior court shall review and approve any proposed
26settlement of alleged violations of the provisions of Division 5
27(commencing with Section 6300) to ensure that the settlement
28provisions are at least as effective as the protections or remedies
29provided by state and federal law or regulation for the alleged
30violation. The provisions of the settlement relating to health and
31safety laws shall be submitted to the division at the same time that
32they
are submitted to the court. This requirement shall be construed
33to authorize and permit the division to comment on those settlement
34provisions, and the court shall grant the division’s commentary
35the appropriate weight.
36(c) A civil action by an aggrieved employee pursuant to
37subdivision (a) or (f) of Section 2699 alleging a violation of any
38provision other than those listed in Section 2699.5 or Division 5
39(commencing with Section 6300) shall commence only after the
40following requirements have been met:
P172 1(1) (A) The aggrieved employee or representative shall give
2written notice by online filing with the Labor and Workforce
3Development Agency and by certified mail to the employer of the
4specific provisions of this code alleged to have been violated,
5including
the facts and theories to support the alleged violation.
6(B) A notice filed with the Labor and Workforce Development
7Agency pursuant to subparagraph (A) and any employer response
8to that notice shall be accompanied by a filing fee of seventy-five
9dollars ($75). The fees required by this subparagraph are subject
10to waiver in accordance with the requirements of Sections 68632
11and 68633 of the Government Code.
12(C) The fees paid pursuant to subparagraph (B) shall be paid
13into the Labor and Workforce Development Fund and used for the
14purposes specified in subdivision (j) of Section 2699.
15(2) (A) The employer may cure the alleged violation within 33
16calendar
days of the postmark date of the notice sent by the
17aggrieved employee or representative. The employer shall give
18written notice within that period of time by certified mail to the
19aggrieved employee or representative and by online filing with
20the agency if the alleged violation is cured, including a description
21of actions taken, and no civil action pursuant to Section 2699 may
22commence. If the alleged violation is not cured within the 33-day
23period, the employee may commence a civil action pursuant to
24Section 2699.
25(B) (i) Subject to the limitation in clause (ii), no employer may
26avail himself or herself of the notice and cure provisions of this
27subdivision more than three times in a 12-month period for the
28same violation or violations contained in the notice, regardless of
29the location of the worksite.
30(ii) No employer may avail himself or herself of the notice and
31cure provisions of this subdivision with respect to alleged violations
32of paragraph (6) or (8) of subdivision (a) of Section 226 more than
33once in a 12-month period for the same violation or violations
34contained in the notice, regardless of the location of the worksite.
35(3) If the aggrieved employee disputes that the alleged violation
36has been cured, the aggrieved employee or representative shall
37provide written notice by online filing with the agency and by
38certified mail to the employer, including specified grounds to
39support that dispute, to the employer and the agency. Within 17
40calendar days of the receipt of that notice, the agency shall review
P173 1the actions taken by the employer to cure the alleged violation,
2and
provide written notice of its decision by certified mail to the
3aggrieved employee and the employer. The agency may grant the
4employer three additional business days to cure the alleged
5violation. If the agency determines that the alleged violation has
6not been cured or if the agency fails to provide timely or any
7notification, the employee may proceed with the civil action
8pursuant to Section 2699. If the agency determines that the alleged
9violation has been cured, but the employee still disagrees, the
10employee may appeal that determination to the superior court.
11(d) The periods specified in this section are not counted as part
12of the time limited for the commencement of the civil action to
13recover penalties under this part.
14(e) This section shall remain in effect only until July 1,
2021,
15and as of that date is repealed, unless a later enacted statute, that
16is enacted before July 1, 2021, deletes or extends that date.
Section 2699.3 is added to the Labor Code, to read:
(a) A civil action by an aggrieved employee pursuant
19to subdivision (a) or (f) of Section 2699 alleging a violation of any
20provision listed in Section 2699.5 shall commence only after the
21following requirements have been met:
22(1) (A) The aggrieved employee or representative shall give
23written notice by online filing with the Labor and Workforce
24Development Agency and by certified mail to the employer of the
25specific provisions of this code alleged to have been violated,
26including the facts and theories to support the alleged violation.
27(B) A notice filed with the
Labor and Workforce Development
28Agency pursuant to subparagraph (A) and any employer response
29to that notice shall be accompanied by a filing fee of seventy-five
30dollars ($75). The fees required by this subparagraph are subject
31to waiver in accordance with the requirements of Sections 68632
32and 68633 of the Government Code.
33(C) The fees paid pursuant to subparagraph (B) shall be paid
34into the Labor and Workforce Development Fund and used for the
35purposes specified in subdivision (j) of Section 2699.
36(2) (A) The agency shall notify the employer and the aggrieved
37employee or representative by certified mail that it does not intend
38to investigate the alleged violation within 60 calendar days of the
39postmark date of the notice received
pursuant to paragraph (1).
40Upon receipt of that notice or if no notice is provided within 65
P174 1calendar days of the postmark date of the notice given pursuant to
2paragraph (1), the aggrieved employee may commence a civil
3action pursuant to Section 2699.
4(B) If the agency intends to investigate the alleged violation, it
5shall notify the employer and the aggrieved employee or
6representative by certified mail of its decision within 65 calendar
7days of the postmark date of the notice received pursuant to
8paragraph (1). Within 120 calendar days of that decision, the
9agency may investigate the alleged violation and issue any
10appropriate citation. If the agency determines that no citation will
11be issued, it shall notify the employer and aggrieved employee of
12that decision within five business days thereof by certified
mail.
13Upon receipt of that notice or if no citation is issued by the agency
14within the time limits prescribed by subparagraph (A) and this
15subparagraph or if the agency fails to provide timely or any
16notification, the aggrieved employee may commence a civil action
17pursuant to Section 2699.
18(C) Notwithstanding any other provision of law, a plaintiff may
19as a matter of right amend an existing complaint to add a cause of
20action arising under this part at any time within 60 days of the time
21periods specified in this part.
22(b) A civil action by an aggrieved employee pursuant to
23subdivision (a) or (f) of Section 2699 alleging a violation of any
24provision of Division 5 (commencing with Section 6300) other
25than those listed in Section 2699.5
shall commence only after the
26following requirements have been met:
27(1) The aggrieved employee or representative shall give notice
28by online filing with the Division of Occupational Safety and
29Health and by certified mail to the employer, with a copy to the
30Labor and Workforce Development Agency, of the specific
31provisions of Division 5 (commencing with Section 6300) alleged
32to have been violated, including the facts and theories to support
33the alleged violation.
34(2) (A) The division shall inspect or investigate the alleged
35violation pursuant to the procedures specified in Division 5
36(commencing with Section 6300).
37(i) If the division issues a
citation, the employee may not
38commence an action pursuant to Section 2699. The division shall
39notify the aggrieved employee and employer in writing within 14
P175 1calendar days of certifying that the employer has corrected the
2violation.
3(ii) If by the end of the period for inspection or investigation
4provided for in Section 6317, the division fails to issue a citation
5and the aggrieved employee disputes that decision, the employee
6may challenge that decision in the superior court. In such an action,
7the superior court shall follow precedents of the Occupational
8Safety and Health Appeals Board. If the court finds that the division
9should have issued a citation and orders the division to issue a
10citation, then the aggrieved employee may not commence a civil
11action pursuant to Section 2699.
12(iii) A complaint in superior court alleging a violation of
13Division 5 (commencing with Section 6300) other than those listed
14in Section 2699.5 shall include therewith a copy of the notice of
15violation provided to the division and employer pursuant to
16paragraph (1).
17(iv) The superior court shall not dismiss the action for
18nonmaterial differences in facts or theories between those contained
19in the notice of violation provided to the division and employer
20pursuant to paragraph (1) and the complaint filed with the court.
21(B) If the division fails to inspect or investigate the alleged
22violation as provided by Section 6309, the provisions of subdivision
23(c) shall apply to the
determination of the alleged violation.
24(3) (A) Nothing in this subdivision shall be construed to alter
25the authority of the division to permit long-term abatement periods
26or to enter into memoranda of understanding or joint agreements
27with employers in the case of long-term abatement issues.
28(B) Nothing in this subdivision shall be construed to authorize
29an employee to file a notice or to commence a civil action pursuant
30to Section 2699 during the period that an employer has voluntarily
31
entered into consultation with the division to ameliorate a condition
32in that particular worksite.
33(C) An employer who has been provided notice pursuant to this
34section may not then enter into consultation with the division in
35order to avoid an action under this section.
36(4) The superior court shall review and approve any proposed
37settlement of alleged violations of the provisions of Division 5
38(commencing with Section 6300) to ensure that the settlement
39provisions are at least as effective as the protections or remedies
40provided by state and federal law or regulation for the alleged
P176 1violation. The provisions of the settlement relating to health and
2safety laws shall be submitted to the division at the same time that
3they
are submitted to the court. This requirement shall be construed
4to authorize and permit the division to comment on those settlement
5provisions, and the court shall grant the division’s commentary
6the appropriate weight.
7(c) A civil action by an aggrieved employee pursuant to
8subdivision (a) or (f) of Section 2699 alleging a violation of any
9provision other than those listed in Section 2699.5 or Division 5
10(commencing with Section 6300) shall commence only after the
11following requirements have been met:
12(1) (A) The aggrieved employee or representative shall give
13written notice by online filing with the Labor and Workforce
14Development Agency and by certified mail to the employer of the
15specific provisions of this code alleged to have
been violated,
16including the facts and theories to support the alleged violation.
17(B) A notice filed with the Labor and Workforce Development
18Agency pursuant to subparagraph (A) and any employer response
19to that notice shall be accompanied by a filing fee of seventy-five
20dollars ($75). The fees required by this subparagraph are subject
21to waiver in accordance with the requirements of Sections 68632
22and 68633 of the Government Code.
23(C) The fees paid pursuant to subparagraph (B) shall be paid
24into the Labor and Workforce Development Fund and used for the
25purposes specified in subdivision (j) of Section 2699.
26(2) (A) The employer may cure the alleged violation
within 33
27calendar days of the postmark date of the notice sent by the
28aggrieved employee or representative. The employer shall give
29written notice within that period of time by certified mail to the
30aggrieved employee or representative and by online filing with
31the agency if the alleged violation is cured, including a description
32of actions taken, and no civil action pursuant to Section 2699 may
33commence. If the alleged violation is not cured within the 33-day
34period, the employee may commence a civil action pursuant to
35Section 2699.
36(B) (i) Subject to the limitation in clause (ii), no employer may
37avail himself or herself of the notice and cure provisions of this
38subdivision more than three times in a 12-month period for the
39same violation or violations contained in the notice, regardless of
40the location of
the worksite.
P177 1(ii) No employer may avail himself or herself of the notice and
2cure provisions of this subdivision with respect to alleged violations
3of paragraph (6) or (8) of subdivision (a) of Section 226 more than
4once in a 12-month period for the same violation or violations
5contained in the notice, regardless of the location of the worksite.
6(3) If the aggrieved employee disputes that the alleged violation
7has been cured, the aggrieved employee or representative shall
8provide written notice by online filing with the agency and by
9certified mail to the employer, including specified grounds to
10support that dispute, to the employer and the agency. Within 17
11calendar days of the receipt of that notice, the agency shall review
12the
actions taken by the employer to cure the alleged violation,
13and provide written notice of its decision by certified mail to the
14aggrieved employee and the employer. The agency may grant the
15employer three additional business days to cure the alleged
16violation. If the agency determines that the alleged violation has
17not been cured or if the agency fails to provide timely or any
18notification, the employee may proceed with the civil action
19pursuant to Section 2699. If the agency determines that the alleged
20violation has been cured, but the employee still disagrees, the
21employee may appeal that determination to the superior court.
22(d) The periods specified in this section are not counted as part
23of the time limited for the commencement of the civil action to
24recover penalties under this part.
25(e) This section shall become operative on July 1, 2021.
Section 4724 of the Labor Code is amended to read:
The person or persons to whom the special death benefit
28is payable pursuant to Section 4722 shall file a claim therefor with
29the Department of General Services, which shall be processed
30pursuant to the provisions of Chapter 3 (commencing with Section
31900) of Part 2 of Division 3.6 of Title 1 of the Government Code.
Section 4725 of the Labor Code is amended to read:
The State Compensation Insurance Fund shall be the
34disbursing agent for payments made pursuant to this article and
35shall receive a fee for its services to be negotiated by the
36Department of General Services. Unless otherwise provided herein,
37payments shall be made in accordance with the provisions of this
38division.
Section 4726 of the Labor Code is amended to read:
The Department of General Services and the
2Administrative Director of the Division of Workers’ Compensation
3shall jointly adopt rules and regulations as may be necessary to
4carry out the provisions of this article.
Section 6507 of the Labor Code is amended to read:
The division shall set fees to be charged for permits and
7registrations in amounts reasonably necessary to cover the costs
8involved in
administering the permitting and registration programs
9in this chapter. All permit and registration fees collected under
10this chapter shall be deposited in the Occupational Safety and
11Health Fund.
Section 7311.4 of the Labor Code is amended to
13read:
(a) The division shall establish fees for initial and
15renewal applications for certification under this chapter as a
16certified qualified conveyance inspector, certified qualified
17conveyance company, or certified competent conveyance mechanic
18based upon the costs to the division of administering the
19certification and licensing program in this chapter, including the
20cost of developing and administering any tests as well as any costs
21related to continuing education, investigation, revocation, or other
22associated costs. In fixing the amount of these fees, the division
23may include direct costs and a reasonable percentage attributable
24to the indirect costs of the division for administering this chapter.
25(b) Fees collected pursuant to this chapter are nonrefundable.
Section 7314 of the Labor Code is amended to read:
(a) The division shall, subject to subdivision (f), fix and
28collect fees for the inspection of conveyances as it determines to
29be necessary to cover
the costs to the division of administering the
30inspection and permitting programs in this chapter, including fees
31for necessary subsequent inspections to determine if applicable
32safety orders have been complied with and for field consultations.
33In fixing the amount of these fees, the division may include direct
34costs and a reasonable percentage attributable to the indirect costs
35of the division for administering this chapter, including the costs
36related to regulatory development as required by Section 7323.
37(b) Notwithstanding Section 6103 of the Government Code, the
38division may collect the fees authorized by subdivision (a) from
39the state or any county, city, district, or other political subdivision.
P179 1(c) Whenever a person owning or having the custody,
2management,
or operation of a conveyance fails to pay the fees
3required under this chapter within 60 days after the date of
4notification, he or she shall pay, in addition to the fees required
5under this chapter, a penalty fee equal to 100 percent of the fee.
6Failure to pay fees within 60 days after the date of notification
7constitutes cause for the division to prohibit use of the conveyance.
8(d) (1) Any fees required pursuant to this section shall, except
9as otherwise provided in paragraph (2), be set forth in regulations
10that shall be adopted as emergency regulations. These emergency
11regulations shall not be subject to the review and approval of the
12Office of Administrative Law pursuant to the Administrative
13Procedure Act (Chapter 3.5 (commencing with Section 11340) of
14Part 1 of Division 3 of Title 2 of the Government Code). These
15regulations
shall become effective immediately upon filing with
16the Secretary of State.
17(2) A suspension or reduction of fees pursuant to subdivision
18(f) is not required to be set forth in a regulation.
19(e) For purposes of this section, the date of the invoice assessing
20a fee pursuant to this section shall be considered the date of
21notification.
22(f) (1) For the 2015-16 fiscal year, the fees for the annual and
23biennial inspection of conveyances required by Section 7304 are
24suspended on a one-time basis.
25(2) For the 2016-17 fiscal year, and for every fiscal year
26thereafter, the Director of Industrial Relations, upon concurrence
27of the Department of
Finance, may suspend or reduce the fees for
28the annual and biennial inspections of conveyances required by
29Section 7304 on a one-time basis for that fiscal year in order to
30reduce the amount of moneys in the Elevator Safety Account.
Section 7315 of the Labor Code is amended to read:
Fees shall be paid before the issuance of any permit to
33operate a conveyance, but a temporary permit may be issued
34pending receipt of fee payment. The division shall not charge an
35inspection fee if an inspection has been made by an inspector of
36an insurance company or municipality who holds a certificate as
37a conveyance inspector and an inspection report is filed with the
38division within 21 days after inspection is made. The division may
39charge a fee for processing and issuing the permit to operate.
The heading of Chapter 4 (commencing with Section
27340) of Part 3 of Division 5 of the Labor Code is amended to
3read:
4
Section 7340 of the Labor Code is amended to read:
As used in this chapter:
9(a) “Passenger tramway” includes any method or device used
10primarily for the purpose of transporting persons by means of
11cables or ropes suspended between two or more points or
12structures.
13(b) “Permit” means a permit issued by the division to operate
14a passenger tramway in any place.
Section 7341 of the Labor Code is amended to read:
A passenger tramway shall not be operated in any place
17in this state unless a permit for the operation of the tramway is
18issued by the division, and unless the permit remains in effect and
19is kept posted conspicuously in the main operating terminal of the
20tramway.
Section 7342 of the Labor Code is amended to read:
The operation of a passenger tramway by any person
23owning or having the custody, management, or operation thereof
24without a permit is a misdemeanor, and each day of operation
25without a permit is a separate offense. No prosecution shall be
26maintained where the issuance or renewal of a permit has been
27requested and remains unacted upon.
Section 7343 of the Labor Code is amended to read:
Whenever a passenger tramway in any place is being
30operated without the permit herein required, and is in such
31condition that its use is dangerous to the life or safety of any
32person, the division, or any person affected thereby, may apply to
33the superior court of the county in which the passenger tramway
34is located for an injunction restraining the operation of the
35passenger tramway until the condition is corrected. Proof by
36certification of the division that a permit has not been issued,
37together with the affidavit of any safety engineer of the division
38that the operation of the passenger tramway is dangerous to the
39life or safety of any person, is sufficient ground, in the discretion
P181 1of the court, for the immediate
granting of a temporary restraining
2order.
Section 7344 of the Labor Code is amended to read:
(a) The division shall cause all passenger tramways to
5be inspected at least two times each year.
6(b) At least one of the inspections required by subdivision (a)
7shall take place between November 15 of each year and March 15
8of the succeeding year.
9(c) If a passenger tramway is found upon inspection to be in a
10safe condition for operation, a permit for operation for not longer
11than one year shall be issued by the division.
Section 7345 of the Labor Code is amended to read:
If inspection shows a passenger tramway to be in an
14unsafe condition, the division may issue a preliminary order
15requiring repairs or alterations to be made to the passenger tramway
16that are necessary to render it safe, and may order the operation
17or use thereof discontinued until the repairs or alterations are made
18or the unsafe conditions are removed.
Section 7346 of the Labor Code is amended to read:
Unless the preliminary order is complied with, a hearing
21before the division shall be allowed, upon request, at which the
22owner, operator, or other person in charge of the passenger
23tramway may appear and show cause why he should not comply
24with the order.
Section 7347 of the Labor Code is amended to read:
If it thereafter appears to the division that the passenger
27tramway is unsafe and that the requirements contained in the
28preliminary order should be complied with, or that other things
29should be done to make the passenger tramway safe, the division
30may order or confirm the withholding of the permit and may make
31requirements as it determines to be proper for its repair or alteration
32or for the correction of the unsafe condition. The order may
33thereafter be reheard by the division or reviewed by the courts
34only in the manner specified for safety orders by Part 1
35(commencing with Section 6300).
Section 7348 of the Labor Code is amended to read:
If the operation of a passenger tramway during the
38making of repairs or alterations is not immediately dangerous to
39the safety of employees or others, the division may issue a
P182 1temporary permit for the operation of the tramway for a term not
2to exceed 30 days during the making of repairs or
alterations.
Section 7350 of the Labor Code is amended to read:
(a) The division shall fix and collect fees for the
5inspection of passenger tramways as it deems necessary to cover
6the costs of the division in administering this chapter. In fixing the
7amount of these fees, the division may include direct costs and a
8reasonable percentage attributable to the indirect costs of the
9division for administering this chapter. The division shall not
10charge an inspection fee for inspections performed by certified
11insurance inspectors, but may charge a fee for processing the permit
12when issued by the division as a result of the inspection.
13Notwithstanding Section 6103 of the Government Code, the
14division may collect the fees authorized by this section from the
15state
or any county, city, district, or other political subdivision.
16(b) Whenever a person owning or having custody, management,
17or operation of a passenger tramway fails to pay any fee required
18under this chapter within 60 days after the date of notification by
19the division, the division shall assess a penalty fee equal to 100
20percent of the initial fee. For purposes of this section, the date of
21the invoice fixing the fee shall be considered the date of
22notification.
Section 7351 of the Labor Code is amended to read:
Fees shall be paid before issuance of a permit to operate
25a passenger tramway, except that the division, at its own discretion,
26may issue a temporary operating permit not to exceed 30 days,
27pending receipt of payment of fees.
Section 7352 of the Labor Code is amended to read:
(a) All fees collected by the division under this chapter
30shall be deposited into the Occupational Safety and Health Fund
31to support the division’s passenger tramway inspection program.
32(b) On the effective date of the statute adding this subdivision,
33any moneys in the Elevator Safety Account that, before that date,
34were deposited pursuant to this section, subdivision (a) of Section
357904, or subdivision (b) of Section 7929 shall be transferred to the
36Occupational Safety and Health Fund, together with any assets,
37liabilities, revenues, expenditures, and encumbrances of that fund
38that are attributable to the division’s passenger tramway inspection
39program
under this chapter, the portable amusement ride inspection
40program under Part 8 (commencing with Section 7900), and the
P183 1Permanent Amusement Ride Safety Inspection Program (Part 8.1
2(commencing with Section 7920)).
Section 7353 of the Labor Code is amended to read:
(a) A passenger tramway shall not be constructed or
5altered until the plans and design information have been properly
6certified to the division by an engineer qualified under the
7Professional Engineers Act (Chapter
7 (commencing with Section
86700) of Division 3 of the Business and Professions Code).
9(b) Any person who owns, has custody of, manages, or operates
10a passenger tramway shall notify the division prior to any major
11repair of the tramway.
Section 7354 of the Labor Code is amended to read:
The division shall not issue an operating permit to operate
14a passenger tramway until it receives certification in writing by
15an engineer qualified under the Professional Engineers Act
16(Chapter 7 (commencing with Section 6700) of Division 3 of the
17Business and Professions Code) that the erection work on the
18tramway has been completed in accordance with the design and
19erection plans for the tramway.
Section 7354.5 of the Labor Code is amended to
21read:
(a) Notwithstanding any other provision of this chapter,
23in any case in which an insurer admitted to transact insurance in
24this state has inspected or caused to be inspected, by a qualified,
25licensed professional engineer registered in California pursuant to
26Chapter 7 (commencing with Section 6700) of Division 3 of the
27Business and Professions Code, any passenger tramway used as a
28ski lift, the division may, if it finds
those inspections were made
29according to subdivisions (a) and (b) of Section 7344, accept the
30inspections in lieu of any other inspections for that year, except
31that the initial inspection of a new ski lift or of a major alteration
32to an existing ski lift shall be performed by a division safety
33engineer. A private inspector shall, before commencing his or her
34duties therein, secure from the division a certificate of competency
35to make inspections. The division may determine the competency
36of any applicant for a certificate, either by examination or by other
37satisfactory proof of qualification.
38(b) The division may rescind at any time, upon good cause being
39shown therefor, and after hearing, if requested, any certificate of
40competency issued by it to a ski lift inspector. The inspection
P184 1reports made to the division shall be in a form
and content as the
2division finds necessary for acceptance as a proper inspection made
3by a private inspector.
Section 7356 of the Labor Code is amended to read:
The division shall, under the authority of Section 7355,
6promulgate and cause to be published safety orders directing each
7owner or operator of a passenger tramway to report to the division
8each known incident where the maintenance, operation, or use of
9the tramway results in injury to any person, unless
the injury does
10not require medical service other than ordinary first aid treatment.
Section 7357 of the Labor Code is amended to read:
The division shall establish standards for the qualification
13of persons engaged in the operation of passenger tramways,
14whether as employees or otherwise. The standards shall be
15consistent with the general objective of this chapter in providing
16for the safety of members of the public who use passenger
17tramways and those engaged in their operation.
Section 7373 of the Labor Code is amended to read:
(a) A tower crane shall not be operated at any worksite
20unless an employer obtains a permit from the division. The division
21shall conduct an investigation for purposes of issuing a permit in
22an expeditious manner. If the division does not issue a permit
23within 10 days after being requested to do so by a crane employer,
24the crane employer may operate the crane without a permit.
25(b) The division shall set fees to be charged for these permits
26in an amount sufficient to cover the costs of administering this
27article. In fixing the amount of these fees, the division may include
28direct costs and a reasonable percentage attributable to the
indirect
29costs of the division for administering this article.
30(c) The permit for a fixed tower crane shall be valid for the
31period of time that the tower crane is fixed to the site.
32(d) The permit for a mobile tower crane shall be valid for one
33calendar year.
Section 7380 of the Labor Code is repealed.
Section 7380 is added to the Labor Code, to read:
(a) The division shall set fees for the examination and
37licensing of crane certifiers as necessary to cover the costs of
38administering this article. In fixing the amount of these fees, the
39division may include direct costs and a reasonable percentage
P185 1attributable to the indirect costs of the division for administering
2this article.
3(b) All fees collected by the division under this chapter shall be
4deposited into the Occupational Safety and Health Fund.
Section 7720 of the Labor Code is amended to read:
The division shall not charge an inspection fee where
7an inspection is made by a certified inspector if the inspection has
8been made and reports have been submitted within the time limits
9specified in this part.
Section 7721 of the Labor Code is amended to read:
(a) The division shall fix and collect fees for the shop,
12field, and resale inspection of tanks and boilers and for
13consultations, surveys, audits, and other activities required or
14related to national standards concerning the design or construction
15of boilers or pressure vessels or for evaluating fabricator’s plant
16facilities when these services are requested of the division by
17entities desiring these services. The division shall fix and collect
18the fees for the inspection of pressure vessels by a division safety
19engineer. The division may charge an additional fee for necessary
20subsequent inspections to determine if applicable safety orders
21have been complied with.
22(b) The division shall charge a fee for processing a permit.
23(c) The division shall fix and collect fees for field consultations
24regarding pressure vessels.
25(d) Whenever a person owning or having the custody,
26management, or operation of a pressure vessel fails to pay the fees
27required under this chapter within 60 days after notification, he or
28she shall pay, in addition to the fees required under this chapter,
29a penalty fee equal to 100 percent of the fee.
30(e) Any fees required pursuant to this section shall be in amounts
31sufficient to cover the direct and indirect costs of the division for
32administering this part and shall be adopted as emergency
33regulations. These emergency regulations shall not be subject to
34the review and
approval of the Office of Administrative Law
35pursuant to the provisions of the Administrative Procedure Act
36provided for in Chapter 3.5 (commencing with Section 11340) of
37Part 1 of Division 3 of Title 2 of the Government Code. These
38regulations shall become effective immediately upon filing with
39the Secretary of State.
Section 7722 of the Labor Code is amended to read:
(a) The fees collected under this part shall be paid into
2the Pressure Vessel Account, which is hereby created, to be used
3for the administration of the division pressure vessel safety
4program.
5(b) The division shall establish criteria upon which fee charges
6are based and prepare an annual report concerning revenues
7obtained and expenditures appropriated for the pressure vessel
8safety program. The division shall file the report with the
9Legislative Analyst, the Joint Legislative Audit Committee, and
10the Department of Finance.
Section 7904 of the Labor Code is amended to read:
(a) The division shall fix and collect all fees necessary
13to cover the cost of
administering this part. Fees shall be charged
14to a person or entity receiving the division’s services as provided
15by this part, as set out in regulations adopted pursuant to this part,
16including, but not limited to, approvals, determinations, permits,
17investigations, inspections and reinspections, certifications and
18recertifications, receipt and review of certificates, and reports and
19inspections. In fixing the amount of these fees, the division may
20include direct costs and a reasonable percentage attributable to the
21indirect costs of the division for administering this part. All fees
22collected by the division under this section shall be deposited into
23the
Occupational Safety and Health Fund to support the division’s
24portable amusement ride inspection program.
25(b) Any fees required pursuant to this section shall be set forth
26in regulations. For the 2016-17 fiscal year, those regulations shall
27be adopted as emergency regulations. These emergency regulations
28shall not be subject to the review and approval of the Office of
29Administrative Law pursuant to the rulemaking provisions of the
30Administrative Procedure Act provided for in Chapter 3.5
31(commencing with Section 11340) of Part 1 of Division 3 of Title
322 of the Government Code. These emergency regulations shall
33become effective immediately upon filing with the Secretary of
34State.
35(c) The division shall annually prepare and post on its Internet
36Web site a report
summarizing all inspections of amusement rides
37and accidents occurring on amusement rides. This report may
38contain
route location information submitted to the division by
39permit applicants.
Section 7924 of the Labor Code is amended to read:
(a) On an annual basis, an owner of a permanent
2amusement ride shall submit to the division a certificate of
3compliance on a form prescribed by the division, which shall
4include the following:
5(1) The legal name and address of the owner and his or her
6representative, if any, and the primary place of business of the
7owner.
8(2) A description of, the name of the manufacturer of, and, if
9given by the manufacturer, the serial number and model number
10of, the permanent amusement ride.
11(3) A written declaration, executed by a
qualified safety
12inspector, stating that, within the preceding 12-month period, the
13permanent amusement ride was inspected by the qualified safety
14inspector and that the permanent amusement ride is in material
15conformance with this section and all applicable rules and
16regulations adopted by the division and standards board.
17(b) The owner of multiple permanent amusement rides at a
18single site may submit a single certificate of compliance that
19provides the information required by subdivision (a) for each
20permanent amusement ride at that site.
21(c) A certificate of compliance shall not be required until one
22year following the promulgation of any rules or regulations by the
23division governing the submission of the certificates.
24(d) A person shall not operate a permanent amusement ride that
25was inspected by a qualified safety inspector or division inspector
26and found to be unsafe unless all necessary repairs or
27modifications, or both, to the ride have been completed and
28certified as completed by a qualified safety inspector.
29(e) For the purposes of satisfying this section, a qualified safety
30inspector shall meet the requirements in subdivision (c) of Section
317921 and shall be certified by the division. A qualified safety
32inspector shall be recertified every two years following his or her
33initial certification. A qualified safety inspector may be an
34in-house, full-time safety inspector of the owner of the permanent
35amusement ride, an employee or agent of the insurance underwriter
36or insurance broker of the permanent amusement ride, an employee
37or
agent of the manufacturer of the amusement ride, or an
38independent consultant or contractor.
39(f) The owner of a permanent amusement ride shall maintain
40all of the records necessary to demonstrate that the requirements
P188 1of this section have been met, including, but not limited to,
2employee training records, maintenance, repair, and inspection
3records for each permanent amusement ride, and records of
4accidents of which the operator has knowledge, that resulted from
5the failure, malfunction, or operation of a permanent amusement
6ride and that required medical service other than ordinary first aid,
7and shall make those records available to a division inspector upon
8request. The owner shall make those records available for
9inspection by the division during normal business hours at the
10owner’s permanent place of business. The owner or
representative
11of the owner may be present when the division inspects the records.
12The division shall conduct an inspection of the operation of each
13ride at the permanent amusement park in conjunction with an
14inspection of records conducted pursuant to this subdivision, except
15that the division is not required to conduct an operational inspection
16of a ride pursuant to this subdivision if a qualified safety inspector
17employed by the division has already inspected the operation of
18that ride in connection with the execution of the current annual
19certificate of compliance pursuant to subdivision (a).
20(g) Upon receipt of a certificate of compliance, the division
21shall notify the owner of the permanent amusement ride or rides
22for which a certificate is submitted whether the certificate meets
23all the requirements of
this section, and if not, what requirements
24must still be met.
25(h) The division shall, in addition to the annual inspection
26performed by the division pursuant to subdivision (f), inspect the
27records for a permanent amusement ride or the ride, or both, under
28either of the following circumstances:
29(1) The division finds that the certificate of compliance
30submitted pursuant to this section for the ride is fraudulent.
31(2) The division determines, pursuant to regulations it has
32adopted, that a permanent amusement ride has a disproportionately
33high incidence of accidents required to be reported pursuant to
34Section 7925.
35(i) The division shall conduct its
inspections with the least
36disruption to the normal operation of the permanent park.
Section 7929 of the Labor Code is amended to read:
(a) The division shall fix and collect all fees necessary
39to cover the cost to the division of administering this part. Fees
40shall be charged to a person or entity receiving the division’s
P189 1services as provided by this part, as set out in regulations adopted
2pursuant to this part, including, but not limited to, approvals,
3determinations, certifications and recertifications, receipt and
4review of certificates, and inspections. In fixing the amount of
5these fees, the division may include direct costs and a reasonable
6percentage attributable to the indirect costs of the division for
7administering this part. Notwithstanding Section 6103 of the
8Government Code, the division may collect these fees from the
9state or any
county, city, district, or other political subdivision.
10(b) All fees collected pursuant to this section shall be deposited
11into the
Occupational Safety and Health Fund to support the
12Permanent Amusement Ride Safety Inspection Program.
13(c) Whenever a person owning or having custody, management,
14or operation of a permanent amusement ride fails to pay any fee
15required under this part within 60 days after the date of notification
16by the division, the division shall assess a penalty equal to 100
17percent of the initial fee. For purposes of this section, the date of
18
the invoice fixing the fee shall be considered the date of
19notification.
Section 7991 of the Labor Code is amended to read:
(a) To obtain a license under Section 7990, and to renew
22that license, a person shall pass an oral and written examination
23given by the division. The division shall offer the examination in
24Spanish, or any other language, when requested by the applicant.
25The division shall administer an examination orally when requested
26by an applicant who cannot write. Licenses shall be renewable
27every five years.
28(b) The division shall set a nonrefundable fee for processing
29applications for licenses required by Section 7990 and a fee for
30administering examinations under this section. In fixing the amount
31of these fees, the division may include direct
costs and a reasonable
32percentage attributable to the indirect costs of the division for
33administering this chapter. Those fees shall be deposited into the
34Occupational Safety and Health Fund.
Section 8001 of the Labor Code is amended to read:
The division shall charge a fee sufficient to cover the
37direct and indirect costs of the division to administer the
38examination and certification of gas testers and safety
39representatives for tunnels and
mines. Renewals shall be made
40every five years.
Section 8002 of the Labor Code is amended to read:
All fees from applications shall be nonrefundable. Those
3fees shall be deposited into the Occupational Safety and Health
4Fund.
Section 9021.6 of the Labor Code is amended to
6read:
(a) The division shall charge a fee to each asbestos
8consultant and site surveillance technician who applies for
9certification pursuant to subdivision (b) of Section 9021.5 and
10Article 11 (commencing with Section 7180) of Chapter 9 of
11Division 3 of the Business and Professions Code. The fee shall be
12sufficient to cover the direct and indirect costs to the division for
13administering the certification process, including preparation and
14administration of the examination. The fees collected shall be
15deposited in the Occupational Safety and Health Fund.
16Establishment of any fee pursuant to this section shall be
17accomplished through the regulatory process required by
18subdivision (b) of Section
9021.5.
19(b) On the effective date of the measure adding this subdivision,
20any moneys in the Asbestos Training and Consultant Certification
21Fund and any assets, liabilities, revenues, expenditures, and
22
encumbrances of that fund shall be transferred to the Occupational
23Safety and Health Fund.
Section 9021.7 of the Labor Code is repealed.
Section 9021.9 of the Labor Code is amended to
26read:
(a) The division shall establish an advisory committee
28to develop and recommend by September 30, 1994, for action by
29the standards board in accordance with Section 142.3, specific
30requirements for hands-on, task-specific training programs for all
31craft employees who may be exposed to asbestos-containing
32construction materials and all employees and supervisors involved
33in operations pertaining to asbestos cement pipe, as specified in
34subdivision (c) of Section 6501.8. The training programs shall
35include, but not be limited to, the following information:
36(1) The physical characteristics and health hazards of asbestos.
37(2) The types of asbestos cement pipe or asbestos-containing
38construction materials an employee may encounter in his or her
39specific work assignments.
P191 1(3) Safe practices and procedures for minimizing asbestos
2exposures from operations involving asbestos cement pipe or
3asbestos-containing construction materials.
4(4) A review of general industry and construction safety orders
5relating to asbestos exposure.
6(5) Hands-on instruction using pipe or other construction
7materials and the tools and equipment employees will use in the
8workplace.
9(b) The division shall approve training entities to
conduct
10task-specific training programs that include the requirements
11prescribed by the standards board pursuant to this section for
12employees and supervisors involved in operations pertaining to
13asbestos cement pipe or asbestos-containing construction materials.
14(c) The division shall charge a fee to each asbestos training
15entity approved by the division pursuant to subdivision (b). The
16fee shall be sufficient to cover the division’s direct and indirect
17costs for administering the approval process provided for in
18subdivision (b). The fees collected shall be deposited in the
19Occupational Safety and Health Fund. Establishment of any fee
20pursuant to this section shall be accomplished through the
21regulatory process required by subdivision (b) of Section 9021.5.
Section 422.92 of the Penal Code is amended to
23read:
(a) Every state and local law enforcement agency in
25this state shall make available a brochure on hate crimes to victims
26of these crimes and the public.
27(b) The Department of Fair Employment and Housing shall
28provide existing brochures, making revisions as needed, to local
29law enforcement agencies upon request for reproduction and
30distribution to victims of hate crimes and other interested parties.
31In carrying out these responsibilities, the department shall consult
32the Fair Employment and Housing Council, the Department of
33Justice, and the California Victim Compensation Board.
Section 600.2 of the Penal Code is amended to read:
(a) It is a crime for any person to permit any dog which
36is owned, harbored, or controlled by him or her to cause injury to
37or the death of any guide, signal, or service dog, as defined by
38Section 54.1 of the Civil Code, while the guide, signal, or service
39dog is in discharge of its duties.
P192 1(b) A violation of this section is an infraction punishable by a
2fine not to exceed two hundred fifty dollars ($250) if the injury or
3death to any guide, signal, or service dog is caused by the person’s
4failure to exercise ordinary care in the control of his or her dog.
5(c) A violation of this section is a misdemeanor if the injury or
6death
to any guide, signal, or service dog is caused by the person’s
7reckless disregard in the exercise of control over his or her dog,
8under circumstances that constitute such a departure from the
9conduct of a reasonable person as to be incompatible with a proper
10regard for the safety and life of any guide, signal, or service dog.
11A violation of this subdivision shall be punishable by imprisonment
12in a county jail not exceeding one year, or by a fine of not less
13than two thousand five hundred dollars ($2,500) nor more than
14five thousand dollars ($5,000), or both. The court shall consider
15the costs ordered pursuant to subdivision (d) when determining
16the amount of any fines.
17(d) In any case in which a defendant is convicted of a violation
18of this section, the defendant shall be ordered to make restitution
19to the person with a disability who has
custody or ownership of
20the guide, signal, or service dog for any veterinary bills and
21replacement costs of the dog if it is disabled or killed, or other
22reasonable costs deemed appropriate by the court. The costs
23ordered pursuant to this subdivision shall be paid prior to any fines.
24The person with the disability may apply for compensation by the
25California Victim Compensation Board pursuant to Chapter 5
26(commencing with Section 13950) of Part 4 of Division 3 of Title
272 of the Government Code, in an amount not to exceed ten
28thousand dollars ($10,000).
Section 600.5 of the Penal Code is amended to read:
(a) Any person who intentionally causes injury to or
31the death of any guide, signal, or service dog, as defined by Section
3254.1 of the Civil Code, while the dog is in discharge of its duties,
33is guilty of a misdemeanor, punishable by imprisonment in a county
34jail not exceeding one year, or by a fine not exceeding ten thousand
35dollars ($10,000), or by both a fine and imprisonment. The court
36shall consider the costs ordered pursuant to subdivision (b) when
37determining the amount of any fines.
38(b) In any case in which a defendant is convicted of a violation
39of this section, the defendant shall be ordered to make restitution
40to the person with a disability who has custody or ownership of
P193 1the
dog for any veterinary bills and replacement costs of the dog
2if it is disabled or killed, or other reasonable costs deemed
3appropriate by the court. The costs ordered pursuant to this
4subdivision shall be paid prior to any fines. The person with the
5disability may apply for compensation by the California Victim
6Compensation Board pursuant to Chapter 5 (commencing with
7Section 13950) of Part 4 of Division 3 of Title 2 of the Government
8Code, in an amount not to exceed ten thousand dollars ($10,000).
Section 851.8 of the Penal Code is amended to read:
(a) In any case where a person has been arrested and
11no accusatory pleading has been filed, the person arrested may
12petition the law enforcement agency having jurisdiction over the
13offense to destroy its records of the arrest. A copy of the petition
14shall be served upon the prosecuting attorney of the county or city
15having jurisdiction over the offense. The law enforcement agency
16having jurisdiction over the offense, upon a determination that the
17person arrested is factually innocent, shall, with the concurrence
18of the prosecuting attorney, seal its arrest records, and the petition
19for relief under this section for three years from the date of the
20arrest and thereafter destroy its arrest records and the petition. The
21law enforcement agency having
jurisdiction over the offense shall
22notify the Department of Justice, and any law enforcement agency
23that arrested the petitioner or participated in the arrest of the
24petitioner for an offense for which the petitioner has been found
25factually innocent under this subdivision, of the sealing of the
26arrest records and the reason therefor. The Department of Justice
27and any law enforcement agency so notified shall forthwith seal
28their records of the arrest and the notice of sealing for three years
29from the date of the arrest, and thereafter destroy their records of
30the arrest and the notice of sealing. The law enforcement agency
31having jurisdiction over the offense and the Department of Justice
32shall request the destruction of any records of the arrest which they
33have given to any local, state, or federal agency or to any other
34person or entity. Each agency, person, or entity within the State
35of
California receiving the request shall destroy its records of the
36arrest and the request, unless otherwise provided in this section.
37(b) If, after receipt by both the law enforcement agency and the
38prosecuting attorney of a petition for relief under subdivision (a),
39the law enforcement agency and prosecuting attorney do not
40respond to the petition by accepting or denying the petition within
P194 160 days after the running of the relevant statute of limitations or
2within 60 days after receipt of the petition in cases where the statute
3of limitations has previously lapsed, then the petition shall be
4deemed to be denied. In any case where the petition of an arrestee
5to the law enforcement agency to have an arrest record destroyed
6is denied, petition may be made to the superior court that would
7have had territorial jurisdiction over the matter. A copy
of the
8petition shall be served on the law enforcement agency and the
9prosecuting attorney of the county or city having jurisdiction over
10the offense at least 10 days prior to the hearing thereon. The
11prosecuting attorney and the law enforcement agency through the
12district attorney may present evidence to the court at the hearing.
13Notwithstanding Section 1538.5 or 1539, any judicial determination
14of factual innocence made pursuant to this section may be heard
15and determined upon declarations, affidavits, police reports, or
16any other evidence submitted by the parties which is material,
17relevant, and reliable. A finding of factual innocence and an order
18for the sealing and destruction of records pursuant to this section
19shall not be made unless the court finds that no reasonable cause
20exists to believe that the arrestee committed the offense for which
21the arrest was made. In any court hearing to determine
the factual
22innocence of a party, the initial burden of proof shall rest with the
23petitioner to show that no reasonable cause exists to believe that
24the arrestee committed the offense for which the arrest was made.
25If the court finds that this showing of no reasonable cause has been
26made by the petitioner, then the burden of proof shall shift to the
27respondent to show that a reasonable cause exists to believe that
28the petitioner committed the offense for which the arrest was made.
29If the court finds the arrestee to be factually innocent of the charges
30for which the arrest was made, then the court shall order the law
31enforcement agency having jurisdiction over the offense, the
32Department of Justice, and any law enforcement agency which
33arrested the petitioner or participated in the arrest of the petitioner
34for an offense for which the petitioner has been found factually
35innocent under this section
to seal their records of the arrest and
36the court order to seal and destroy the records, for three years from
37the date of the arrest and thereafter to destroy their records of the
38arrest and the court order to seal and destroy those records. The
39court shall also order the law enforcement agency having
40jurisdiction over the offense and the Department of Justice to
P194 1request the destruction of any records of the arrest which they have
2given to any local, state, or federal agency, person or entity. Each
3state or local agency, person or entity within the State of California
4receiving such a request shall destroy its records of the arrest and
5the request to destroy the records, unless otherwise provided in
6this section. The court shall give to the petitioner a copy of any
7court order concerning the destruction of the arrest records.
8(c) In any
case where a person has been arrested, and an
9accusatory pleading has been filed, but where no conviction has
10occurred, the defendant may, at any time after dismissal of the
11action, petition the court that dismissed the action for a finding
12that the defendant is factually innocent of the charges for which
13the arrest was made. A copy of the petition shall be served on the
14prosecuting attorney of the county or city in which the accusatory
15pleading was filed at least 10 days prior to the hearing on the
16petitioner’s factual innocence. The prosecuting attorney may
17present evidence to the court at the hearing. The hearing shall be
18conducted as provided in subdivision (b). If the court finds the
19petitioner to be factually innocent of the charges for which the
20arrest was made, then the court shall grant the relief as provided
21in subdivision (b).
22(d) In any case where a person has been arrested and an
23accusatory pleading has been filed, but where no conviction has
24occurred, the court may, with the concurrence of the prosecuting
25attorney, grant the relief provided in subdivision (b) at the time of
26the dismissal of the accusatory pleading.
27(e) Whenever any person is acquitted of a charge and it appears
28to the judge presiding at the trial at which the acquittal occurred
29that the defendant was factually innocent of the charge, the judge
30may grant the relief provided in subdivision (b).
31(f) In any case where a person who has been arrested is granted
32relief pursuant to subdivision (a) or (b), the law enforcement agency
33having jurisdiction over the offense or court shall issue a written
34declaration to the arrestee stating
that it is the determination of the
35law enforcement agency having jurisdiction over the offense or
36court that the arrestee is factually innocent of the charges for which
37the person was arrested and that the arrestee is thereby exonerated.
38Thereafter, the arrest shall be deemed not to have occurred and
39the person may answer accordingly any question relating to its
40occurrence.
P196 1(g) The Department of Justice shall furnish forms to be utilized
2by persons applying for the destruction of their arrest records and
3for the written declaration that one person was found factually
4innocent under subdivisions (a) and (b).
5(h) Documentation of arrest records destroyed pursuant to
6subdivision (a), (b), (c), (d), or (e) that are contained in
7investigative police reports shall bear the
notation “Exonerated”
8whenever reference is made to the arrestee. The arrestee shall be
9notified in writing by the law enforcement agency having
10jurisdiction over the offense of the sealing and destruction of the
11arrest records pursuant to this section.
12(i) (1) Any finding that an arrestee is factually innocent pursuant
13to subdivision (a), (b), (c), (d), or (e) shall not be admissible as
14evidence in any action.
15(2) Notwithstanding paragraph (1), a finding that an arrestee is
16factually innocent pursuant to subdivisions (a) to (e), inclusive,
17shall be admissible as evidence at a hearing before the California
18Victim Compensation Board.
19(j) Destruction of records of arrest pursuant to subdivision (a),
20(b),
(c), (d), or (e) shall be accomplished by permanent obliteration
21of all entries or notations upon the records pertaining to the arrest,
22and the record shall be prepared again so that it appears that the
23arrest never occurred. However, where (1) the only entries on the
24record pertain to the arrest and (2) the record can be destroyed
25without necessarily affecting the destruction of other records, then
26the document constituting the record shall be physically destroyed.
27(k) No records shall be destroyed pursuant to subdivision (a),
28(b), (c), (d), or (e) if the arrestee or a codefendant has filed a civil
29action against the peace officers or law enforcement jurisdiction
30which made the arrest or instituted the prosecution and if the
31agency which is the custodian of the records has received a certified
32copy of the complaint in the civil action, until the
civil action has
33been resolved. Any records sealed pursuant to this section by the
34court in the civil actions, upon a showing of good cause, may be
35opened and submitted into evidence. The records shall be
36confidential and shall be available for inspection only by the court,
37jury, parties, counsel for the parties, and any other person
38authorized by the court. Immediately following the final resolution
39of the civil action, records subject to subdivision (a), (b), (c), (d),
P197 1or (e) shall be sealed and destroyed pursuant to subdivision (a),
2(b), (c), (d), or (e).
3(l) For arrests occurring on or after January 1, 1981, and for
4accusatory pleadings filed on or after January 1, 1981, petitions
5for relief under this section may be filed up to two years from the
6date of the arrest or filing of the accusatory pleading, whichever
7is later.
Until January 1, 1983, petitioners can file for relief under
8this section for arrests which occurred or accusatory pleadings
9which were filed up to five years prior to the effective date of the
10statute. Any time restrictions on filing for relief under this section
11may be waived upon a showing of good cause by the petitioner
12and in the absence of prejudice.
13(m) Any relief which is available to a petitioner under this
14section for an arrest shall also be available for an arrest which has
15been deemed to be or described as a detention under Section 849.5
16or 851.6.
17(n) This section shall not apply to any offense which is classified
18as an infraction.
19(o) (1) This section shall be repealed on the effective date of a
20
final judgment based on a claim under the California or United
21States Constitution holding that evidence that is relevant, reliable,
22and material may not be considered for purposes of a judicial
23determination of factual innocence under this section. For purposes
24of this subdivision, a judgment by the appellate division of a
25superior court is a final judgment if it is published and if it is not
26reviewed on appeal by a court of appeal. A judgment of a court of
27appeal is a final judgment if it is published and if it is not reviewed
28by the California Supreme Court.
29(2) Any decision referred to in this subdivision shall be stayed
30pending appeal.
31(3) If not otherwise appealed by a party to the action, any
32decision referred to in this subdivision which is a judgment by the
33appellate
division of the superior court shall be appealed by the
34Attorney General.
35(p) A judgment of the court under subdivision (b), (c), (d), or
36(e) is subject to the following appeal path:
37(1) In a felony case, appeal is to the court of appeal.
38(2) In a misdemeanor case, or in a case in which no accusatory
39pleading was filed, appeal is to the appellate division of the superior
40court.
Section 851.865 of the Penal Code is amended to
2read:
(a) If a person has secured a declaration of factual
4innocence from the court pursuant to Section 851.8 or 851.86, the
5finding shall be sufficient grounds for payment of compensation
6for a claim made pursuant to Section 4900. Upon application by
7the person, the California Victim Compensation Board shall,
8without a hearing, recommend to the Legislature that an
9appropriation be made and the claim paid pursuant to Section 4904.
10(b) If the declaration of factual innocence is granted pursuant
11to a stipulation of the prosecutor, the duty of the board to, without
12a hearing, recommend to the Legislature payment of the claim,
13shall apply.
Section 987.9 of the Penal Code is amended to read:
(a) In the trial of a capital case or a case under
16subdivision (a) of Section 190.05, the indigent defendant, through
17the defendant’s counsel, may request the court for funds for the
18specific payment of investigators, experts, and others for the
19preparation or presentation of the defense. The application for
20funds shall be by affidavit and shall specify that the funds are
21reasonably necessary for the preparation or presentation of the
22defense. The fact that an application has been made shall be
23confidential and the contents of the application shall be
24confidential. Upon receipt of an application, a judge of the court,
25other than the trial judge presiding over the case in question, shall
26rule on the
reasonableness of the request and shall disburse an
27appropriate amount of money to the defendant’s attorney. The
28ruling on the reasonableness of the request shall be made at an in
29camera hearing. In making the ruling, the court shall be guided by
30the need to provide a complete and full defense for the defendant.
31(b) (1) The Controller shall not reimburse any county for costs
32that exceed Department of General Services’ standards for travel
33and per diem expenses. The Controller may reimburse
34extraordinary costs in unusual cases if the county provides
35sufficient documentation of the need for those expenditures.
36(2) At the termination of the proceedings, the attorney shall
37furnish to the court a complete accounting of all moneys received
38and disbursed pursuant
to this section.
39(c) The Controller shall adopt regulations pursuant to Chapter
403.5 (commencing with Section 11340) of Part 1 of Division 3 of
P199 1Title 2 of the Government Code, controlling reimbursements under
2this section. The regulations shall consider compensation for
3investigators, expert witnesses, and other expenses that may or
4may not be reimbursable pursuant to this section. Notwithstanding
5the provisions of Chapter 3.5 (commencing with Section 11340)
6of Part 1 of Division 3 of Title 2 of the Government Code, the
7Controller shall follow any regulations adopted until final approval
8by the Office of Administrative Law.
9(d) The confidentiality provided in this section shall not preclude
10any court from providing the Attorney General with access to
11documents protected by this
section when the defendant raises an
12
issue on appeal or collateral review where the recorded portion of
13the record, created pursuant to this section, relates to the issue
14raised. When the defendant raises that issue, the funding records,
15or relevant portions thereof, shall be provided to the Attorney
16General at the Attorney General’s request. In this case, the
17documents shall remain under seal and their use shall be limited
18solely to the pending proceeding.
Section 1191.15 of the Penal Code is amended to
20read:
(a) The court may permit the victim of any crime,
22his or her parent or guardian if the victim is a minor, or the next
23of kin of the victim if the victim has died, to file with the court a
24written, audiotaped, or videotaped statement, or statement stored
25on a CD-ROM, DVD, or any other recording medium acceptable
26to the court, expressing his or her views concerning the crime, the
27person responsible, and the need for restitution, in lieu of or in
28addition to the person personally appearing at the time of judgment
29and sentence. The court shall consider the statement filed with the
30court prior to imposing judgment and sentence.
31Whenever an audio or video statement or statement stored on a
32CD-ROM, DVD, or
other medium is filed with the court, a written
33transcript of the statement shall also be provided by the person
34filing the statement, and shall be made available as a public record
35of the court after the judgment and sentence have been imposed.
36(b) Whenever a written, audio, or video statement or statement
37stored on a CD-ROM, DVD, or other medium is filed with the
38court, it shall remain sealed until the time set for imposition of
39judgment and sentence except that the court, the probation officer,
40and counsel for the parties may view and listen to the statement
P200 1not more than two court days prior to the date set for imposition
2of judgment and sentence.
3(c) A person or a court shall not permit any person to duplicate,
4copy, or reproduce by audio or visual means a statement
submitted
5to the court under the provisions of this section.
6(d) Nothing in this section shall be construed to prohibit the
7
prosecutor from representing to the court the views of the victim,
8his or her parent or guardian, the next of kin, or the California
9Victim Compensation Board.
10(e) In the event the court permits an audio or video statement
11or statement stored on a CD-ROM, DVD, or other medium to be
12filed, the court shall not be responsible for providing any equipment
13or resources needed to assist the victim in preparing the statement.
Section 1191.2 of the Penal Code is amended to
15read:
In providing notice to the victim pursuant to Section
171191.1, the probation officer shall also provide the victim with
18information concerning the victim’s right to civil recovery against
19the defendant, the requirement that the court order restitution for
20the victim, the victim’s right to receive a copy of the restitution
21order from the court and to enforce the restitution order as a civil
22judgment, the victim’s responsibility to furnish the probation
23department, district attorney, and court with information relevant
24to his or her losses, and the victim’s opportunity to be compensated
25from the Restitution Fund if eligible under Article 1 (commencing
26with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title
272 of the
Government Code. This information shall be in the form
28of written material prepared by the Judicial Council in consultation
29with the California Victim Compensation Board, shall include the
30relevant sections of the Penal Code, and shall be provided to each
31victim for whom the probation officer has a current mailing
32address.
Section 1202.4 of the Penal Code is amended to
34read:
(a) (1) It is the intent of the Legislature that a victim
36of crime who incurs an economic loss as a result of the commission
37of a crime shall receive restitution directly from a defendant
38convicted of that crime.
P201 1(2) Upon a person being convicted of a crime in the State of
2California, the court shall order the defendant to pay a fine in the
3form of a penalty assessment in accordance with Section 1464.
4(3) The court, in addition to any other penalty provided or
5imposed under the law, shall order the defendant to pay both of
6the following:
7(A) A restitution fine in accordance with subdivision (b).
8(B) Restitution to the victim or victims, if any, in accordance
9with subdivision (f), which shall be enforceable as if the order
10were a civil judgment.
11(b) In every case where a person is convicted of a crime, the
12court shall impose a separate and additional restitution fine, unless
13it finds compelling and extraordinary reasons for not doing so and
14states those reasons on the record.
15(1) The restitution fine shall be set at the discretion of the court
16and commensurate with the seriousness of the offense. If the person
17is convicted of a felony, the fine shall not be less than two hundred
18forty dollars ($240) starting on January 1, 2012, two hundred eighty
19dollars
($280) starting on January 1, 2013, and three hundred
20dollars ($300) starting on January 1, 2014, and not more than ten
21thousand dollars ($10,000). If the person is convicted of a
22misdemeanor, the fine shall not be less than one hundred twenty
23dollars ($120) starting on January 1, 2012, one hundred forty
24dollars ($140) starting on January 1, 2013, and one hundred fifty
25dollars ($150) starting on January 1, 2014, and not more than one
26thousand dollars ($1,000).
27(2) In setting a felony restitution fine, the court may determine
28the amount of the fine as the product of the minimum fine pursuant
29to paragraph (1) multiplied by the number of years of imprisonment
30the defendant is ordered to serve, multiplied by the number of
31felony counts of which the defendant is convicted.
32(c) The
court shall impose the restitution fine unless it finds
33compelling and extraordinary reasons for not doing so and states
34those reasons on the record. A defendant’s inability to pay shall
35not be considered a compelling and extraordinary reason not to
36impose a restitution fine. Inability to pay may be considered only
37in increasing the amount of the restitution fine in excess of the
38minimum fine pursuant to paragraph (1) of subdivision (b). The
39court may specify that funds confiscated at the time of the
40defendant’s arrest, except for funds confiscated pursuant to Section
P202 111469 of the Health and Safety Code, be applied to the restitution
2fine if the funds are not exempt for spousal or child support or
3subject to any other legal exemption.
4(d) In setting the amount of the fine pursuant to subdivision (b)
5in excess of the minimum fine
pursuant to paragraph (1) of
6subdivision (b), the court shall consider any relevant factors,
7including, but not limited to, the defendant’s inability to pay, the
8seriousness and gravity of the offense and the circumstances of its
9commission, any economic gain derived by the defendant as a
10result of the crime, the extent to which any other person suffered
11losses as a result of the crime, and the number of victims involved
12in the crime. Those losses may include pecuniary losses to the
13victim or his or her dependents as well as intangible losses, such
14as psychological harm caused by the crime. Consideration of a
15defendant’s inability to pay may include his or her future earning
16capacity. A defendant shall bear the burden of demonstrating his
17or her inability to pay. Express findings by the court as to the
18factors bearing on the amount of the fine shall not be required. A
19separate hearing for the fine shall
not be required.
20(e) The restitution fine shall not be subject to penalty
21assessments authorized in Section 1464 or Chapter 12
22(commencing with Section 76000) of Title 8 of the Government
23Code, or the state surcharge authorized in Section 1465.7, and
24shall be deposited in the Restitution Fund in the State Treasury.
25(f) Except as provided in subdivisions (q) and (r), in every case
26in which a victim has suffered economic loss as a result of the
27defendant’s conduct, the court shall require that the defendant
28make restitution to the victim or victims in an amount established
29by court order, based on the amount of loss claimed by the victim
30or victims or any other showing to the court. If the amount of loss
31cannot be ascertained at the time of sentencing, the restitution
32order shall
include a provision that the amount shall be determined
33at the direction of the court. The court shall order full restitution
34unless it finds compelling and extraordinary reasons for not doing
35so and states them on the record. The court may specify that funds
36confiscated at the time of the defendant’s arrest, except for funds
37confiscated pursuant to Section 11469 of the Health and Safety
38Code, be applied to the restitution order if the funds are not exempt
39for spousal or child support or subject to any other legal exemption.
P203 1(1) The defendant has the right to a hearing before a judge to
2dispute the determination of the amount of restitution. The court
3may modify the amount, on its own motion or on the motion of
4the district attorney, the victim or victims, or the defendant. If a
5motion is made for modification of a restitution order, the
victim
6shall be notified of that motion at least 10 days prior to the
7proceeding held to decide the motion. A victim at a restitution
8hearing or modification hearing described in this paragraph may
9testify by live, two-way audio and video transmission, if testimony
10by live, two-way audio and video transmission is available at the
11court.
12(2) Determination of the amount of restitution ordered pursuant
13to this subdivision shall not be affected by the indemnification or
14subrogation rights of a third party. Restitution ordered pursuant to
15this subdivision shall be ordered to be deposited to the Restitution
16Fund to the extent that the victim, as defined in subdivision (k),
17has received assistance from the California Victim Compensation
18Board pursuant to Chapter 5 (commencing with Section 13950)
19of Part 4 of Division 3 of Title 2 of the Government
Code.
20(3) To the extent possible, the restitution order shall be prepared
21by the sentencing court, shall identify each victim and each loss
22to which it pertains, and shall be of a dollar amount that is sufficient
23to fully reimburse the victim or victims for every determined
24economic loss incurred as the result of the defendant’s criminal
25conduct, including, but not limited to, all of the following:
26(A) Full or partial payment for the value of stolen or damaged
27property. The value of stolen or damaged property shall be the
28replacement cost of like property, or the actual cost of repairing
29the property when repair is possible.
30(B) Medical expenses.
31(C) Mental health counseling expenses.
32(D) Wages or profits lost due to injury incurred by the victim,
33and if the victim is a minor, wages or profits lost by the minor’s
34parent, parents, guardian, or guardians, while caring for the injured
35minor. Lost wages shall include commission income as well as
36base wages. Commission income shall be established by evidence
37of commission income during the 12-month period prior to the
38date of the crime for which restitution is being ordered, unless
39good cause for a shorter time period is shown.
P204 1(E) Wages or profits lost by the victim, and if the victim is a
2minor, wages or profits lost by the minor’s parent, parents,
3guardian, or guardians, due to time spent as a witness or in assisting
4the police or prosecution. Lost wages shall include commission
5income
as well as base wages. Commission income shall be
6established by evidence of commission income during the
712-month period prior to the date of the crime for which restitution
8is being ordered, unless good cause for a shorter time period is
9shown.
10(F) Noneconomic losses, including, but not limited to,
11psychological harm, for felony violations of Section 288.
12(G) Interest, at the rate of 10 percent per annum, that accrues
13as of the date of sentencing or loss, as determined by the court.
14(H) Actual and reasonable attorney’s fees and other costs of
15collection accrued by a private entity on behalf of the victim.
16(I) Expenses incurred by an adult victim in relocating away
17from
the defendant, including, but not limited to, deposits for
18utilities and telephone service, deposits for rental housing,
19temporary lodging and food expenses, clothing, and personal items.
20Expenses incurred pursuant to this section shall be verified by law
21enforcement to be necessary for the personal safety of the victim
22or by a mental health treatment provider to be necessary for the
23emotional well-being of the victim.
24(J) Expenses to install or increase residential security incurred
25related to a violent felony, as defined in subdivision (c) of Section
26667.5, including, but not limited to, a home security device or
27system, or replacing or increasing the number of locks.
28(K) Expenses to retrofit a residence or vehicle, or both, to make
29the residence accessible to or the vehicle
operational by the victim,
30if the victim is permanently disabled, whether the disability is
31partial or total, as a direct result of the crime.
32(L) Expenses for a period of time reasonably necessary to make
33the victim whole, for the costs to monitor the credit report of, and
34for the costs to repair the credit of, a victim of identity theft, as
35defined in Section 530.5.
36(4) (A) If, as a result of the defendant’s conduct, the Restitution
37Fund has provided assistance to or on behalf of a victim or
38derivative victim pursuant to Chapter 5 (commencing with Section
3913950) of Part 4 of Division 3 of Title 2 of the Government Code,
40the amount of assistance provided shall be presumed to be a direct
P205 1result of the defendant’s criminal conduct and shall be included
2in
the amount of the restitution ordered.
3(B) The amount of assistance provided by the Restitution Fund
4shall be established by copies of bills submitted to the California
5Victim Compensation Board reflecting the amount paid by the
6board and whether the services for which payment was made were
7for medical or dental expenses, funeral or burial expenses, mental
8health counseling, wage or support losses, or rehabilitation.
9Certified copies of these bills provided by the board and redacted
10to protect the privacy and safety of the victim or any legal privilege,
11together with a statement made under penalty of perjury by the
12custodian of records that those bills were submitted to and were
13paid by the board, shall be sufficient to meet this requirement.
14(C) If the defendant offers evidence
to rebut the presumption
15established by this paragraph, the court may release additional
16information contained in the records of the board to the defendant
17only after reviewing that information in camera and finding that
18the information is necessary for the defendant to dispute the amount
19of the restitution order.
20(5) Except as provided in paragraph (6), in any case in which
21an order may be entered pursuant to this subdivision, the defendant
22shall prepare and file a disclosure identifying all assets, income,
23and liabilities in which the defendant held or controlled a present
24or future interest as of the date of the defendant’s arrest for the
25crime for which restitution may be ordered. The financial disclosure
26statements shall be made available to the victim and the board
27pursuant to Section 1214. The disclosure shall be signed by the
28defendant
upon a form approved or adopted by the Judicial Council
29for the purpose of facilitating the disclosure. A defendant who
30willfully states as true a material matter that he or she knows to
31be false on the disclosure required by this subdivision is guilty of
32a misdemeanor, unless this conduct is punishable as perjury or
33another provision of law provides for a greater penalty.
34(6) A defendant who fails to file the financial disclosure required
35in paragraph (5), but who has filed a financial affidavit or financial
36information pursuant to subdivision (c) of Section 987, shall be
37deemed to have waived the confidentiality of that affidavit or
38financial information as to a victim in whose favor the order of
39restitution is entered pursuant to subdivision (f). The affidavit or
40information shall serve in lieu of the financial disclosure required
P206 1in
paragraph (5), and paragraphs (7) to (10), inclusive, shall not
2apply.
3(7) Except as provided in paragraph (6), the defendant shall file
4the disclosure with the clerk of the court no later than the date set
5for the defendant’s sentencing, unless otherwise directed by the
6court. The disclosure may be inspected or copied as provided by
7subdivision (b), (c), or (d) of Section 1203.05.
8(8) In its discretion, the court may relieve the defendant of the
9duty under paragraph (7) of filing with the clerk by requiring that
10the defendant’s disclosure be submitted as an attachment to, and
11be available to, those authorized to receive the following:
12(A) A report submitted pursuant to subparagraph (C) of
13paragraph (2) of subdivision (b)
of Section 1203 or subdivision
14(g) of Section 1203.
15(B) A stipulation submitted pursuant to paragraph (4) of
16subdivision (b) of Section 1203.
17(C) A report by the probation officer, or information submitted
18by the defendant applying for a conditional sentence pursuant to
19subdivision (d) of Section 1203.
20(9) The court may consider a defendant’s unreasonable failure
21to make a complete disclosure pursuant to paragraph (5) as any of
22the following:
23(A) A circumstance in aggravation of the crime in imposing a
24term under subdivision (b) of Section 1170.
25(B) A factor indicating that the interests of
justice would not be
26served by admitting the defendant to probation under Section 1203.
27(C) A factor indicating that the interests of justice would not be
28served by conditionally sentencing the defendant under Section
291203.
30(D) A factor indicating that the interests of justice would not
31be served by imposing less than the maximum fine and sentence
32fixed by law for the case.
33(10) A defendant’s failure or refusal to make the required
34disclosure pursuant to paragraph (5) shall not delay entry of an
35order of restitution or pronouncement of sentence. In appropriate
36cases, the court may do any of the following:
37(A) Require the defendant to be examined by the
district attorney
38pursuant to subdivision (h).
39(B) If sentencing the defendant under Section 1170, provide
40that the victim shall receive a copy of the portion of the probation
P207 1report filed pursuant to Section 1203.10 concerning the defendant’s
2employment, occupation, finances, and liabilities.
3(C) If sentencing the defendant under Section 1203, set a date
4and place for submission of the disclosure required by paragraph
5(5) as a condition of probation or suspended sentence.
6(11) If a defendant has any remaining unpaid balance on a
7restitution order or fine 120 days prior to his or her scheduled
8release from probation or 120 days prior to his or her completion
9of a conditional sentence, the defendant shall prepare and file
a
10new and updated financial disclosure identifying all assets, income,
11and liabilities in which the defendant holds or controls or has held
12or controlled a present or future interest during the defendant’s
13period of probation or conditional sentence. The financial
14disclosure shall be made available to the victim and the board
15pursuant to Section 1214. The disclosure shall be signed and
16prepared by the defendant on the same form as described in
17paragraph (5). A defendant who willfully states as true a material
18matter that he or she knows to be false on the disclosure required
19by this subdivision is guilty of a misdemeanor, unless this conduct
20is punishable as perjury or another provision of law provides for
21a greater penalty. The financial disclosure required by this
22paragraph shall be filed with the clerk of the court no later than
2390 days prior to the defendant’s scheduled release from probation
24or
completion of the defendant’s conditional sentence.
25(12) In cases where an employer is convicted of a crime against
26an employee, a payment to the employee or the employee’s
27dependent that is made by the employer’s workers’ compensation
28insurance carrier shall not be used to offset the amount of the
29restitution order unless the court finds that the defendant
30substantially met the obligation to pay premiums for that insurance
31coverage.
32(g) The court shall order full restitution unless it finds
33compelling and extraordinary reasons for not doing so and states
34those reasons on the record. A defendant’s inability to pay shall
35not be considered a compelling and extraordinary reason not to
36impose a restitution order, nor shall inability to pay be a
37consideration in determining the
amount of a restitution order.
38(h) The district attorney may request an order of examination
39pursuant to the procedures specified in Article 2 (commencing
40with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part
P208 12 of the Code of Civil Procedure, in order to determine the
2defendant’s financial assets for purposes of collecting on the
3restitution order.
4(i) A restitution order imposed pursuant to subdivision (f) shall
5be enforceable as if the order were a civil judgment.
6(j) The making of a restitution order pursuant to subdivision (f)
7shall not affect the right of a victim to recovery from the Restitution
8Fund as otherwise provided by law, except to the extent that
9restitution is actually collected pursuant to
the order. Restitution
10collected pursuant to this subdivision shall be credited to any other
11judgments for the same losses obtained against the defendant
12arising out of the crime for which the defendant was convicted.
13(k) For purposes of this section, “victim” shall include all of
14the following:
15(1) The immediate surviving family of the actual victim.
16(2) A corporation, business trust, estate, trust, partnership,
17association, joint venture, government, governmental subdivision,
18agency, or instrumentality, or any other legal or commercial entity
19when that entity is a direct victim of a crime.
20(3) A person who has sustained economic loss as the result of
21a crime
and who satisfies any of the following conditions:
22(A) At the time of the crime was the parent, grandparent, sibling,
23spouse, child, or grandchild of the victim.
24(B) At the time of the crime was living in the household of the
25victim.
26(C) At the time of the crime was a person who had previously
27lived in the household of the victim for a period of not less than
28two years in a relationship substantially similar to a relationship
29listed in subparagraph (A).
30(D) Is another family member of the victim, including, but not
31limited to, the victim’s fiancé or fiancée, and who witnessed the
32crime.
33(E) Is the primary caretaker of a minor victim.
34(4) A person who is eligible to receive assistance from the
35Restitution Fund pursuant to Chapter 5 (commencing with Section
3613950) of Part 4 of Division 3 of Title 2 of the Government Code.
37(5) A governmental entity that is responsible for repairing,
38replacing, or restoring public or privately owned property that has
39been defaced with graffiti or other inscribed material, as defined
40in subdivision (e) of Section 594, and that has sustained an
P209 1economic loss as the result of a violation of Section 594, 594.3,
2594.4, 640.5, 640.6, or 640.7.
3(l) At its discretion, the board of supervisors of a county may
4impose a fee to cover the actual administrative cost of collecting
5the
restitution fine, not to exceed 10 percent of the amount ordered
6to be paid, to be added to the restitution fine and included in the
7order of the court, the proceeds of which shall be deposited in the
8general fund of the county.
9(m) In every case in which the defendant is granted probation,
10the court shall make the payment of restitution fines and orders
11imposed pursuant to this section a condition of probation. Any
12portion of a restitution order that remains unsatisfied after a
13defendant is no longer on probation shall continue to be enforceable
14by a victim pursuant to Section 1214 until the obligation is
15satisfied.
16(n) If the court finds and states on the record compelling and
17extraordinary reasons why a restitution fine or full restitution order
18should not be required, the court
shall order, as a condition of
19probation, that the defendant perform specified community service,
20unless it finds and states on the record compelling and
21extraordinary reasons not to require community service in addition
22to the finding that restitution should not be required. Upon
23revocation of probation, the court shall impose restitution pursuant
24to this section.
25(o) The provisions of Section 13963 of the Government Code
26shall apply to restitution imposed pursuant to this section.
27(p) The court clerk shall notify the California Victim
28Compensation Board within 90 days of an order of restitution being
29imposed if the defendant is ordered to pay restitution to the board
30due to the victim receiving compensation from the Restitution
31Fund. Notification shall be accomplished
by mailing a copy of the
32court order to the board, which may be done periodically by bulk
33mail or email.
34(q) Upon conviction for a violation of Section 236.1, the court
35shall, in addition to any other penalty or restitution, order the
36defendant to pay restitution to the victim in a case in which a victim
37has suffered economic loss as a result of the defendant’s conduct.
38The court shall require that the defendant make restitution to the
39victim or victims in an amount established by court order, based
40on the amount of loss claimed by the victim or victims or another
P210 1showing to the court. In determining restitution pursuant to this
2section, the court shall base its order upon the greater of the
3following: the gross value of the victim’s labor or services based
4upon the comparable value of similar services in the labor market
5in which the
offense occurred, or the value of the victim’s labor
6as guaranteed under California law, or the actual income derived
7by the defendant from the victim’s labor or services or any other
8appropriate means to provide reparations to the victim.
9(r) (1) In addition to any other penalty or fine, the court shall
10order a person who has been convicted of a violation of Section
11350, 653h, 653s, 653u, 653w, or 653aa that involves a recording
12or audiovisual work to make restitution to an owner or lawful
13producer, or trade association acting on behalf of the owner or
14lawful producer, of a phonograph record, disc, wire, tape, film, or
15other device or article from which sounds or visual images are
16derived that suffered economic loss resulting from the violation.
17The order of restitution shall be based on the aggregate wholesale
18value of
lawfully manufactured and authorized devices or articles
19from which sounds or visual images are devised corresponding to
20the number of nonconforming devices or articles involved in the
21offense, unless a higher value can be proved in the case of (A) an
22unreleased audio work, or (B) an audiovisual work that, at the time
23of unauthorized distribution, has not been made available in copies
24for sale to the general public in the United States on a digital
25versatile disc. For purposes of this subdivision, possession of
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.
Section 1202.41 of the Penal Code is amended to
39read:
(a) (1) Notwithstanding Section 977 or any other
2law, if a defendant is currently incarcerated in a state prison with
3two-way audiovideo communication capability, the Department
4of Corrections, at the request of the California Victim
5Compensation Board, may collaborate with a court in any county
6to arrange for a hearing to impose or amend a restitution order, if
7the victim has received assistance pursuant to Article 5
8(commencing with Section 13959) of Chapter 5 of Part 4 of
9Division 3 of Title 2 of the Government Code, to be conducted by
10two-way electronic audiovideo communication between the
11defendant and the courtroom in lieu of the defendant’s physical
12presence in the
courtroom, provided the county has agreed to make
13the necessary equipment available.
14(2) Nothing in this subdivision shall be interpreted to eliminate
15the authority of the court to issue an order requiring the defendant
16to be physically present in the courtroom in those cases where the
17court finds circumstances that require the physical presence of the
18defendant in the courtroom.
19(3) In lieu of the physical presence of the defendant’s counsel
20at the institution with the defendant, the court and the Department
21of Corrections shall establish a confidential telephone and facsimile
22transmission line between the court and the institution for
23communication between the defendant’s counsel in court and the
24defendant at the institution. In this case, counsel for the defendant
25shall not
be required to be physically present at the institution
26during the hearing via electronic audiovideo communication.
27Nothing in this subdivision shall be construed to prohibit the
28physical presence of the defense counsel with the defendant at the
29state prison.
30(b) If an inmate who is not incarcerated in a state prison with
31two-way audiovideo communication capability or ward does not
32waive his or her right to attend a restitution hearing for the
33amendment of a restitution order, the California Victim
34Compensation Board shall determine if the cost of holding the
35hearing is justified. If the board determines that the cost of holding
36the hearing is not justified, the amendment of the restitution order
37affecting that inmate or ward shall not be pursued at that time.
38(c) Nothing in this section shall be construed to prohibit an
39individual or district attorney’s office from independently pursuing
40the imposition or amendment of a restitution order that may result
P212 1in a hearing, regardless of whether the victim has received
2assistance pursuant to Article 1 (commencing with Section 13959)
3of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government
4Code.
Section 1214 of the Penal Code is amended to read:
(a) If the judgment is for a fine, including a restitution
7fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
8Section 1203.04 as operative on or before August 2, 1995, or
9Section 13967 of the Government Code, as operative on or before
10September 28, 1994, with or without imprisonment, or a diversion
11restitution fee ordered pursuant to Section 1001.90, the judgment
12may be enforced in the manner provided for the enforcement of
13money judgments generally. Any portion of a restitution fine or
14restitution fee that remains unsatisfied after a defendant is no longer
15on probation, parole, postrelease community supervision pursuant
16to Section 3451, or mandatory supervision pursuant to
17subparagraph (B) of paragraph (5) of subdivision (h) of
Section
181170, after a term in custody pursuant to subparagraph (A) of
19paragraph (5) of subdivision (h) of Section 1170, or after
20completing diversion is enforceable by the California Victim
21Compensation Board pursuant to this section. Notwithstanding
22any other provision of law prohibiting disclosure, the state, as
23defined in Section 900.6 of the Government Code, a local public
24entity, as defined in Section 900.4 of the Government Code, or
25any other entity, may provide the California Victim Compensation
26Board any and all information to assist in the collection of unpaid
27portions of a restitution fine for terminated probation or parole
28cases, or of a restitution fee for completed diversion cases. For
29purposes of the preceding sentence, “state, as defined in Section
30900.6 of the Government Code,” and “any other entity” shall not
31include the Franchise Tax Board. A local collection program may
32
continue to collect restitution fines and restitution orders once a
33defendant is no longer on probation, postrelease community
34supervision, or mandatory supervision or after a term in custody
35pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
36of Section 1170.
37(b) In any case in which a defendant is ordered to pay restitution,
38the order to pay restitution (1) is deemed a money judgment if the
39defendant was informed of his or her right to have a judicial
40determination of the amount and was provided with a hearing,
P213 1waived a hearing, or stipulated to the amount of the restitution
2ordered, and (2) shall be fully enforceable by a victim as if the
3restitution order were a civil judgment, and enforceable in the same
4manner as is provided for the enforcement of any other money
5judgment. Upon the victim’s request, the court
shall provide the
6victim in whose favor the order of restitution is entered with a
7certified copy of that order and a copy of the defendant’s disclosure
8pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
9affidavit or information pursuant to paragraph (6) of subdivision
10(f) of Section 1202.4, or report pursuant to paragraph (8) of
11subdivision (f) of Section 1202.4. The court also shall provide this
12information to the district attorney upon request in connection with
13an investigation or prosecution involving perjury or the veracity
14of the information contained within the defendant’s financial
15disclosure. In addition, upon request, the court shall provide the
16California Victim Compensation Board with a certified copy of
17any order imposing a restitution fine or order and a copy of the
18defendant’s disclosure pursuant to paragraph (5) of subdivision
19(f) of Section 1202.4, affidavit or information
pursuant to paragraph
20(6) of subdivision (f) of Section 1202.4, or report pursuant to
21paragraph (8) of subdivision (f) of Section 1202.4. A victim shall
22have access to all resources available under the law to enforce the
23restitution order, including, but not limited to, access to the
24defendant’s financial records, use of wage garnishment and lien
25procedures, information regarding the defendant’s assets, and the
26ability to apply for restitution from any fund established for the
27purpose of compensating victims in civil cases. Any portion of a
28restitution order that remains unsatisfied after a defendant is no
29longer on probation, parole, postrelease community supervision
30under Section 3451, or mandatory supervision imposed pursuant
31to subparagraph (B) of paragraph (5) of subdivision (h) of Section
321170 or after a term in custody pursuant to subparagraph (A) of
33paragraph (5) of subdivision (h) of
Section 1170 is enforceable by
34the victim pursuant to this section. Victims and the California
35Victim Compensation
Board shall inform the court whenever an
36order to pay restitution is satisfied. A local collection program may
37continue to enforce victim restitution orders once a defendant is
38no longer on probation, postrelease community supervision, or
39mandatory supervision or after completion of a term in custody
P213 1pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
2of Section 1170.
3(c) A defendant who owes a restitution fine, a restitution order,
4or any portion thereof, and who is released from the custody of a
5county jail facility after a term in custody pursuant to subparagraph
6(A) of paragraph (5) of subdivision (h) of Section 1170 shall have
7a continuing obligation to pay the restitution fine or restitution
8order in full.
9(d) Except as provided in
subdivision (d), and notwithstanding
10the amount in controversy limitation of Section 85 of the Code of
11Civil Procedure, a restitution order or restitution fine that was
12imposed pursuant to Section 1202.4 in any of the following cases
13may be enforced in the same manner as a money judgment in a
14limited civil case:
15(1) In a misdemeanor case.
16(2) In a case involving violation of a city or town ordinance.
17(3) In a noncapital criminal case where the court has received
18a plea of guilty or nolo contendere.
19(e) Chapter 3 (commencing with Section 683.010) of Division
201 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply
21to any of the following:
22(1) A judgment for court-ordered fines, forfeitures, penalties,
23fees, or assessments.
24(2) A restitution fine or restitution order imposed pursuant to
25Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as
26operative on or before August 2, 1995, or Section 13967 of the
27Government Code, as operative on or before September 28, 1994.
28(3) A diversion restitution fee ordered pursuant to Section
291001.90.
Section 1463.02 of the Penal Code is amended to
31read:
(a) On or before June 30, 2011, the Judicial Council
33shall establish a task force to evaluate criminal and traffic-related
34court-ordered debts imposed against adult and juvenile offenders.
35The task force shall be comprised of the following members:
36(1) Two members appointed by the California State Association
37of Counties.
38(2) Two members appointed by the League of California Cities.
39(3) Two court executives, two judges, and two Administrative
40Office of the Courts employees appointed by the Judicial Council.
P215 1(4) One member appointed by the Controller.
2(5) One member appointed by the Franchise Tax Board.
3(6) One member appointed by the California Victim
4Compensation Board.
5(7) One member appointed by the Department of Corrections
6and Rehabilitation.
7(8) One member appointed by the Department of Finance.
8(9) One member appointed by each house of the Legislature.
9(10) A county public defender and a city attorney appointed by
10the Speaker of the Assembly.
11(11) A defense attorney in
private practice and a district attorney
12appointed by the Senate Committee on Rules.
13(b) The Judicial Council shall designate a chairperson for the
14task force. The task force shall, among other duties, do all of the
15following:
16(1) Identify all criminal and traffic-related court-ordered fees,
17fines, forfeitures, penalties, and assessments imposed under law.
18(2) Identify the distribution of revenue derived from those debts
19and the expenditures made by those entities that benefit from the
20revenues.
21(3) Consult with state and local entities that would be affected
22by a simplification and consolidation of criminal and traffic-related
23court-ordered debts.
24(4) Evaluate and make recommendations to the Judicial Council
25and the Legislature for consolidating and simplifying the imposition
26of criminal and traffic-related court-ordered debts and the
27distribution of the revenue derived from those debts with the goal
28of improving the process for those entities that benefit from the
29revenues, and recommendations, if any, for adjustment to the
30
court-ordered debts.
31(c) The task force also shall document recent annual revenues
32from the various penalty assessments and surcharges and, to the
33extent feasible, evaluate the extent to which the amount of each
34penalty assessment and surcharge impacts total annual revenues,
35imposition of criminal sentences, and the actual amounts assessed.
36(d) The task force also shall evaluate and make
37recommendations to the Judicial Council and the Legislature on
38or before June 30, 2011, regarding the priority in which
39court-ordered debts should be satisfied and the use of
P216 1comprehensive collection programs authorized pursuant to Section
21463.007, including associated cost-recovery practices.
Section 1485.5 of the Penal Code is amended to
4read:
(a) If the district attorney or Attorney General
6stipulates to or does not contest the factual allegations underlying
7one or more of the grounds for granting a writ of habeas corpus
8or a motion to vacate a judgment, the facts underlying the basis
9for the court’s ruling or order shall be binding on the Attorney
10General, the factfinder, and the California Victim Compensation
11
Board.
12(b) The district attorney shall provide notice to the Attorney
13General prior to entering into a stipulation of facts that will be the
14basis for the granting of a writ of habeas corpus or a motion to
15vacate a judgment.
16(c) The express factual findings made by the court, including
17credibility determinations, in considering a petition for habeas
18corpus, a motion to vacate judgment pursuant to Section 1473.6,
19or an application for a certificate of factual innocence, shall be
20binding on the Attorney General, the factfinder, and the California
21Victim Compensation Board.
22(d) For the purposes of this section, “express factual findings”
23are findings established as the basis for the court’s ruling or
order.
24(e) For purposes of this section, “court” is defined as a state or
25federal court.
Section 1485.55 of the Penal Code is amended to
27read:
(a) In a contested proceeding, if the court grants a
29writ of habeas corpus concerning a person who is unlawfully
30imprisoned or restrained, or when, pursuant to Section 1473.6, the
31court vacates a judgment on the basis of new evidence concerning
32a person who is no longer unlawfully imprisoned or restrained,
33and if the court finds that new evidence on the petition points
34unerringly to innocence, that finding shall be binding on the
35California Victim Compensation Board for a claim presented to
36the board, and upon application by the person, the board shall,
37without a hearing, recommend to the Legislature that an
38appropriation be made and the claim paid pursuant to Section 4904.
39(b) If the court grants a writ of habeas corpus concerning a
40person who is unlawfully imprisoned or restrained on any ground
P217 1other than new evidence that points unerringly to innocence or
2actual innocence, the petitioner may move for a finding of
3innocence by a preponderance of the evidence that the crime with
4which he or she was charged was either not committed at all or,
5if committed, was not committed by him or her.
6(c) If the court vacates a judgment pursuant to Section 1473.6,
7on any ground other than new evidence that points unerringly to
8innocence or actual innocence, the petitioner may move for a
9finding of innocence by a preponderance of the evidence that the
10crime with which he or she was charged was either not committed
11at all or, if committed, was not committed by him or her.
12(d) If the court makes a finding that the petitioner has proven
13his or her innocence by a preponderance of the evidence pursuant
14to subdivision (b) or (c), the board shall, without a hearing,
15recommend to the Legislature that an appropriation be made and
16the claim paid pursuant to Section 4904.
17(e) No presumption shall exist in any other proceeding for failure
18to make a motion or obtain a favorable ruling pursuant to
19subdivision (b) or (c).
20(f) If a federal court, after granting a writ of habeas corpus,
21pursuant to a nonstatutory motion or request, finds a petitioner
22innocent by no less than a preponderance of the evidence that the
23crime with which he or she was charged was either not committed
24at all or, if committed, was not committed by him or her, the board
25shall,
without a hearing, recommend to the Legislature that an
26appropriation be made and the claim paid pursuant to Section 4904.
27(g) For the purposes of this section, “new evidence” means
28evidence that was not available or known at the time of trial that
29completely undermines the prosecution case and points unerringly
30to innocence.
Section 1557 of the Penal Code is amended to read:
(a) This section shall apply when this state or a city,
33county, or city and county employs a person to travel to a foreign
34jurisdiction outside this state for the express purpose of returning
35a fugitive from justice to this state when the Governor of this state,
36in the exercise of the authority conferred by Section 2 of Article
37IV of the United States Constitution, or by the laws of this state,
38has demanded the surrender of the fugitive from the executive
39authority of any state of the United States, or of any foreign
40government.
P218 1(b) Upon the approval of the Governor, the Controller shall
2audit and pay out of the State Treasury as provided in subdivision
3
(c) or (d) the accounts of the person employed to bring back the
4fugitive, including any money paid by that person for all of the
5following:
6(1) Money paid to the authorities of a sister state for statutory
7fees in connection with the detention and surrender of the fugitive.
8(2) Money paid to the authorities of the sister state for the
9subsistence of the fugitive while detained by the sister state without
10payment of which the authorities of the sister state refuse to
11surrender the fugitive.
12(3) Where it is necessary to present witnesses or evidence in
13the sister state, without which the sister state would not surrender
14the fugitive, the cost of producing the witnesses or evidence in the
15sister state.
16(4) Where the appearance of witnesses has been authorized in
17advance by the Governor, who may authorize the appearance in
18unusual cases where the interests of justice would be served, the
19cost of producing witnesses to appear in the sister state on behalf
20of the fugitive in opposition to his or her extradition.
21(c) No amount shall be paid out of the State Treasury to a city,
22county, or city and county except as follows:
23(1) When a warrant has been issued by any magistrate after the
24filing of a complaint or the finding of an indictment and its
25presentation to the court and filing by the clerk, and the person
26named therein as defendant is a fugitive from justice who has been
27found and arrested in any state of the United States
or in any
28foreign government, the county auditor shall draw his or her
29warrant and the county treasurer shall pay to the person designated
30to return the fugitive, the amount of expenses estimated by the
31district attorney to be incurred in the return of the fugitive.
32(2) If the person designated to return the fugitive is a city officer,
33the city officer authorized to draw warrants on the city treasury
34shall draw his or her warrant and the city treasurer shall pay to that
35person the amount of expenses estimated by the district attorney
36to be incurred in the return of the fugitive.
37(3) The person designated to return the fugitive shall make no
38disbursements from any funds advanced without a receipt being
39obtained therefor showing the amount, the purpose for which the
40sum is
expended, the place, the date, and to whom paid.
P219 1(4) A receipt obtained pursuant to paragraph (3) shall be filed
2by the person designated to return the fugitive with the county
3auditor or appropriate city officer or the Controller, as the case
4may be, together with an affidavit by the person that the
5expenditures represented by the receipts were necessarily made in
6the performance of duty, and when the advance has been made by
7the county or city treasurer to the person designated to return the
8fugitive, and has thereafter been audited by the Controller, the
9payment thereof shall be made by the State Treasurer to the county
10or city treasury that has advanced the funds.
11(5) In every case where the expenses of the person employed
12to bring back the fugitive as provided in this section, are less
than
13the amount advanced on the recommendation of the district
14attorney, the person employed to bring back the fugitive shall
15return to the county or city treasurer, as appropriate, the difference
16in amount between the aggregate amount of receipts so filed by
17him or her, as herein employed, and the amount advanced to the
18person upon the recommendation of the district attorney.
19(6) When no advance has been made to the person designated
20to return the fugitive, the sums expended by him or her, when
21audited by the Controller, shall be paid by the State Treasurer to
22the person so designated.
23(7) Any payments made out of the State Treasury pursuant to
24this section shall be made from appropriations for the fiscal year
25in which those payments are made.
26(d) Payments to state agencies will be made in accord with the
27rules of the
Department of General Services. No city, county, or
28other jurisdiction may file, and the state may not reimburse, a claim
29pursuant to this section that is presented to the Department of
30Corrections and Rehabilitation or to any other agency or
31department of the state more than six months after the close of the
32month in which the costs were incurred.
Section 2085.5 of the Penal Code is amended to
34read:
(a) In any case in which a prisoner owes a restitution
36fine imposed pursuant to subdivision (a) of Section 13967 of the
37Government Code, as operative prior to September 29, 1994,
38subdivision (b) of Section 730.6 of the Welfare and Institutions
39Code, or subdivision (b) of Section 1202.4, the Secretary of the
40Department of Corrections and Rehabilitation shall deduct a
P220 1minimum of 20 percent or the balance owing on the fine amount,
2whichever is less, up to a maximum of 50 percent from the wages
3and trust account deposits of a prisoner, unless prohibited by
4federal law, and shall transfer that amount to the California Victim
5Compensation Board for deposit in the Restitution Fund in the
6State Treasury. The amount deducted shall be credited
against the
7amount owing on the fine. The sentencing court shall be provided
8a record of the payments.
9(b) (1) When a prisoner is punished by imprisonment in a
10county jail pursuant to subdivision (h) of Section 1170, in any case
11in which a prisoner owes a restitution fine imposed pursuant to
12subdivision (a) of Section 13967 of the Government Code, as
13operative prior to September 29, 1994, subdivision (b) of Section
14730.6 of the Welfare and Institutions Code, or subdivision (b) of
15Section 1202.4, the agency designated by the board of supervisors
16in the county where the prisoner is incarcerated is authorized to
17deduct a minimum of 20 percent or the balance owing on the fine
18amount, whichever is less, up to a maximum of 50 percent from
19the county jail equivalent of wages and trust account deposits of
20a prisoner, unless
prohibited by federal law, and shall transfer that
21amount to the California Victim Compensation
Board for deposit
22in the Restitution Fund in the State Treasury. The amount deducted
23shall be credited against the amount owing on the fine. The
24sentencing court shall be provided a record of the payments.
25(2) If the board of supervisors designates the county sheriff as
26the collecting agency, the board of supervisors shall first obtain
27the concurrence of the county sheriff.
28(c) In any case in which a prisoner owes a restitution order
29imposed pursuant to subdivision (c) of Section 13967 of the
30Government Code, as operative prior to September 29, 1994,
31subdivision (h) of Section 730.6 of the Welfare and Institutions
32Code, or subdivision (f) of Section 1202.4, the Secretary of the
33Department of Corrections and Rehabilitation shall deduct a
34minimum of 20 percent or
the balance owing on the order amount,
35whichever is less, up to a maximum of 50 percent from the wages
36
and trust account deposits of a prisoner, unless prohibited by
37federal law. The secretary shall transfer that amount to the
38California Victim Compensation Board for direct payment to the
39victim, or payment shall be made to the Restitution Fund to the
40extent that the victim has received assistance pursuant to that
P221 1program. The sentencing court shall be provided a record of the
2payments made to victims and of the payments deposited to the
3Restitution Fund pursuant to this subdivision.
4(d) When a prisoner is punished by imprisonment in a county
5jail pursuant to subdivision (h) of Section 1170, in any case in
6which a prisoner owes a restitution order imposed pursuant to
7subdivision (c) of Section 13967 of the Government Code, as
8operative prior to September 29, 1994, subdivision (h) of Section
9730.6 of the Welfare and
Institutions Code, or subdivision (b) of
10Section 1202.4, the agency designated by the board of supervisors
11in the county where the prisoner is incarcerated is authorized to
12deduct a minimum of 20 percent or the balance owing on the order
13amount, whichever is less, up to a maximum of 50 percent from
14the county jail equivalent of wages and trust account deposits of
15a prisoner, unless prohibited by federal law. The agency shall
16transfer that amount to the California Victim Compensation Board
17for direct payment to the victim, or payment shall be made to the
18Restitution Fund to the extent that the victim has received
19assistance pursuant to that program, or may pay the victim directly.
20The sentencing court shall be provided a record of the payments
21made to the victims and of the payments deposited to the
22Restitution Fund pursuant to this subdivision.
23(e) The secretary shall deduct and retain from the wages and
24trust account deposits of a prisoner, unless prohibited by federal
25law, an administrative fee that totals 10 percent of any amount
26transferred to the California Victim Compensation Board pursuant
27to subdivision (a) or (c). The secretary shall deduct and retain from
28any prisoner settlement or trial award, an administrative fee that
29totals 5 percent of any amount paid from the settlement or award
30to satisfy an outstanding restitution order or fine pursuant to
31subdivision (n), unless prohibited by federal law. The secretary
32shall deposit the administrative fee moneys in a special deposit
33account for reimbursing administrative and support costs of the
34restitution program of the Department of Corrections and
35Rehabilitation. The secretary, at his or her discretion, may retain
36any excess funds in the special deposit account
for future
37reimbursement of the department’s administrative and support
38costs for the restitution program or may transfer all or part of the
39excess funds for deposit in the Restitution Fund.
P222 1(f) When a prisoner is punished by imprisonment in a county
2jail pursuant to subdivision (h) of Section 1170, the agency
3designated by the board of supervisors in the county where the
4prisoner is incarcerated is authorized to deduct and retain from the
5county jail equivalent of wages and trust account deposits of a
6prisoner, unless prohibited by federal law, an administrative fee
7that totals 10 percent of any amount transferred to the California
8Victim Compensation Board pursuant to subdivision (b) or (d).
9The agency is authorized to deduct and retain from a prisoner
10settlement or trial award an administrative fee that totals 5 percent
11of any amount paid
from the settlement or award to satisfy an
12outstanding restitution order or fine pursuant to subdivision (n),
13unless prohibited by federal law. Upon release from custody
14pursuant to subdivision (h) of Section 1170, the agency is
15authorized to charge a fee to cover the actual administrative cost
16of collection, not to exceed 10 percent of the total amount collected.
17The agency shall deposit the administrative fee moneys in a special
18deposit account for reimbursing administrative and support costs
19of the restitution program of the agency. The agency is authorized
20to retain any excess funds in the special deposit account for future
21reimbursement of the agency’s administrative and support costs
22for the restitution program or may transfer all or part of the excess
23funds for deposit in the Restitution Fund.
24(g) In any case in which a parolee
owes a restitution fine
25imposed pursuant to subdivision (a) of Section 13967 of the
26Government Code, as operative prior to September 29, 1994,
27subdivision (b) of Section 730.6 of the Welfare and Institutions
28Code, or subdivision (b) of Section 1202.4, the secretary, or, when
29a prisoner is punished by imprisonment in a county jail pursuant
30to subdivision (h) of Section 1170, the agency designated by the
31board of supervisors in the county where the prisoner is
32
incarcerated, may collect from the parolee or, pursuant to Section
332085.6, from a person previously imprisoned in county jail any
34moneys owing on the restitution fine amount, unless prohibited
35by federal law. The secretary or the agency shall transfer that
36amount to the California Victim Compensation Board for deposit
37in the Restitution Fund in the State Treasury. The amount deducted
38shall be credited against the amount owing on the fine. The
39sentencing court shall be provided a record of the payments.
P223 1(h) In any case in which a parolee owes a direct order of
2restitution, imposed pursuant to subdivision (c) of Section 13967
3of the Government Code, as operative prior to September 29, 1994,
4subdivision (h) of Section 730.6 of the Welfare and Institutions
5Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
6secretary,
or, when a prisoner is punished by imprisonment in a
7county jail pursuant to subdivision (h) of Section 1170, the agency
8designated by the board of supervisors in the county where the
9prisoner is incarcerated or a local collection program, may collect
10from the parolee or, pursuant to Section 2085.6, from a person
11previously imprisoned in county jail any moneys owing, unless
12prohibited by federal law. The secretary or the agency shall transfer
13that amount to the California Victim Compensation Board for
14direct payment to the victim, or payment shall be made to the
15Restitution Fund to the extent that the victim has received
16assistance pursuant to that program, or the agency may pay the
17victim directly. The sentencing court shall be provided a record
18of the payments made by the offender pursuant to this subdivision.
19(i) The secretary, or,
when a prisoner is punished by
20imprisonment in a county jail pursuant to subdivision (h) of Section
211170, the agency designated by the board of supervisors in the
22county where the prisoner is incarcerated, may deduct and retain
23from moneys collected from parolees or persons previously
24imprisoned in county jail an administrative fee that totals 10 percent
25of any amount transferred to the California Victim Compensation
26Board pursuant to subdivision (g) or (h), unless prohibited by
27federal law. The secretary shall deduct and retain from any
28settlement or trial award of a parolee an administrative fee that
29totals 5 percent of an amount paid from the settlement or award
30to satisfy an outstanding restitution order or fine pursuant to
31subdivision (n), unless prohibited by federal law. The agency is
32authorized to deduct and retain from any settlement or trial award
33of a person previously imprisoned in
county jail an
administrative
34fee that totals 5 percent of any amount paid from the settlement
35or award to satisfy an outstanding restitution order or fine pursuant
36to subdivision (n). The secretary or the agency shall deposit the
37administrative fee moneys in a special deposit account for
38reimbursing administrative and support costs of the restitution
39program of the Department of Corrections and Rehabilitation or
40the agency, as applicable. The secretary, at his or her discretion,
P224 1or the agency may retain any excess funds in the special deposit
2account for future reimbursement of the department’s or agency’s
3administrative and support costs for the restitution program or may
4transfer all or part of the excess funds for deposit in the Restitution
5Fund.
6(j) When a prisoner has both a restitution fine and a restitution
7order from the sentencing court,
the Department of Corrections
8and Rehabilitation shall collect the restitution order first pursuant
9to subdivision (c).
10(k) When a prisoner is punished by imprisonment in a county
11jail pursuant to subdivision (h) of Section 1170 and that prisoner
12has both a restitution fine and a restitution order from the
13sentencing court, if the agency designated by the board of
14supervisors in the county where the prisoner is incarcerated collects
15the fine and order, the agency shall collect the restitution order
16first pursuant to subdivision (d).
17(l) When a parolee has both a restitution fine and a restitution
18order from the sentencing court, the Department of Corrections
19and Rehabilitation, or, when the prisoner is punished by
20imprisonment in a county jail pursuant to subdivision (h) of
Section
211170, the agency designated by the board of supervisors in the
22county where the prisoner is incarcerated, may collect the
23restitution order first, pursuant to subdivision (h).
24(m) If an inmate is housed at an institution that requires food
25to be purchased from the institution canteen for unsupervised
26overnight visits, and if the money for the purchase of this food is
27received from funds other than the inmate’s wages, that money
28shall be exempt from restitution deductions. This exemption shall
29apply to the actual amount spent on food for the visit up to a
30maximum of fifty dollars ($50) for visits that include the inmate
31and one visitor, seventy dollars ($70) for visits that include the
32inmate and two or three visitors, and eighty dollars ($80) for visits
33that include the inmate and four or more visitors.
34(n) Compensatory or punitive damages awarded by trial or
35settlement to any inmate, parolee, person placed on postrelease
36community supervision pursuant to Section 3451, or defendant on
37mandatory supervision imposed pursuant to subparagraph (B) of
38paragraph (5) of subdivision (h) of Section 1170, in connection
39with a civil action brought against a federal, state, or local jail,
40prison, or correctional facility, or any official or agent thereof,
P225 1shall be paid directly, after payment of reasonable attorney’s fees
2and litigation costs approved by the court, to satisfy any
3outstanding restitution orders or restitution fines against that
4person. The balance of the award shall be forwarded to the payee
5after full payment of all outstanding restitution orders and
6restitution fines, subject to subdivisions (e) and (i). The Department
7of
Corrections and Rehabilitation shall make all reasonable efforts
8to notify the victims of the crime for which that person was
9convicted concerning the pending payment of any compensatory
10or punitive damages. For any prisoner punished by imprisonment
11in a county jail pursuant to subdivision (h) of Section 1170, the
12agency is authorized to make all reasonable efforts to notify the
13victims of the crime for which that person was convicted
14
concerning the pending payment of any compensatory or punitive
15damages.
16(o) (1) Amounts transferred to the California Victim
17Compensation Board for payment of direct orders of restitution
18shall be paid to the victim within 60 days from the date the
19restitution revenues are received by the California Victim
20Compensation Board. If the restitution payment to a victim is less
21than twenty-five dollars ($25), then payment need not be forwarded
22to that victim until the payment reaches twenty-five dollars ($25)
23or when the victim requests payment of the lesser amount.
24(2) If a victim cannot be located, the restitution revenues
25received by the California Victim Compensation Board on behalf
26of the victim shall be held in trust in the Restitution
Fund until the
27end of the state fiscal year subsequent to the state fiscal year in
28which the funds were deposited or until the time that the victim
29has provided current address information, whichever occurs sooner.
30Amounts remaining in trust at the end of the specified period of
31time shall revert to the Restitution Fund.
32(3) (A) A victim failing to provide a current address within the
33period of time specified in paragraph (2) may provide
34documentation to the Department of Corrections and Rehabilitation,
35which shall verify that moneys were collected on behalf of the
36victim. Upon receipt of that verified information from the
37Department of Corrections and Rehabilitation, the California
38Victim Compensation Board shall transmit the restitution revenues
39to the victim in accordance with the provisions of subdivision (c)
40or
(h).
P226 1(B) A victim failing to provide a current address within the
2period of time specified in paragraph (2) may provide
3documentation to the agency designated by the board of supervisors
4in the county where the prisoner punished by imprisonment in a
5county jail pursuant to subdivision (h) of Section 1170 is
6incarcerated, which may verify that moneys were collected on
7behalf of the victim. Upon receipt of that verified information from
8the agency, the California Victim Compensation Board shall
9transmit the restitution revenues to the victim in accordance with
10the provisions of subdivision (d) or (h).
Section 2085.6 of the Penal Code is amended to
12read:
(a) When a prisoner who owes a restitution fine, or
14any portion thereof, is subsequently released from the custody of
15the Department of Corrections and Rehabilitation or a county jail
16facility, and is subject to postrelease community supervision under
17Section 3451 or mandatory supervision under subdivision (h) of
18Section 1170, he or she shall have a continuing obligation to pay
19the restitution fine in full. The restitution fine obligation and any
20portion left unsatisfied upon placement in postrelease community
21supervision or mandatory supervision is enforceable and may be
22collected, in a manner to be established by the county board of
23supervisors, by the department or county agency designated by
24the board of supervisors in the county where the
prisoner is
25released. If a county elects to collect restitution fines, the
26
department or county agency designated by the county board of
27supervisors shall transfer the amount collected to the California
28Victim Compensation Board for deposit in the Restitution Fund
29in the State Treasury.
30(b) When a prisoner who owes payment for a restitution order,
31or any portion thereof, is released from the custody of the
32Department of Corrections and Rehabilitation or a county jail
33facility, and is subject to postrelease community supervision under
34Section 3451 or mandatory supervision under subdivision (h) of
35Section 1170, he or she shall have a continuing obligation to pay
36the restitution order in full. The restitution order obligation and
37any portion left unsatisfied upon placement in postrelease
38community supervision or mandatory supervision is enforceable
39and may be collected, in a manner to be established
by the county
40
board of supervisors, by the agency designated by the county board
P227 1of supervisors in the county where the prisoner is released. If the
2county elects to collect the restitution order, the agency designated
3by the county board of supervisors for collection shall transfer the
4collected amount to the California Victim Compensation for deposit
5in the Restitution Fund in the State Treasury or may pay the victim
6directly. The sentencing court shall be provided a record of
7payments made to the victim and of the payments deposited into
8the Restitution Fund.
9(c) Any portion of a restitution order or restitution fine that
10remains unsatisfied after an individual is released from postrelease
11community supervision or mandatory supervision shall continue
12to be enforceable by a victim pursuant to Section 1214 until the
13obligation is
satisfied.
14(d) At its discretion, a county board of supervisors may impose
15a fee upon the individual subject to postrelease community
16supervision or mandatory supervision to cover the actual
17administrative cost of collecting the restitution fine and the
18restitution order, not to exceed 10 percent of the amount collected,
19the proceeds of which shall be deposited into the general fund of
20the county.
21(e) If a county elects to collect both a restitution fine and a
22restitution order, the amount owed on the restitution order shall
23be collected before the restitution fine.
24(f) If a county elects to collect restitution fines and restitution
25orders pursuant to this section, the county shall coordinate efforts
26with the
Franchise Tax Board pursuant to Section 19280 of the
27Revenue and Taxation Code.
28(g) Pursuant to Section 1214, the county agency selected by a
29county board of supervisors to collect restitution fines and
30restitution orders may collect restitution fines and restitution orders
31after an individual is no longer on postrelease community
32supervision or mandatory supervision or after a term in custody
33pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
34of Section 1170.
35(h) For purposes of this section, the following definitions shall
36apply:
37(1) “Restitution fine” means a fine imposed pursuant to
38subdivision (a) of Section 13967 of the Government Code, as
39operative prior to September 29, 1994, subdivision (b)
of Section
P228 1730.6 of the Welfare and Institutions Code, or subdivision (b) of
2Section 1202.4.
3(2) “Restitution order” means an order for restitution to the
4victim of a crime imposed pursuant to subdivision (c) of Section
513967 of the Government Code, as operative prior to September
629, 1994, subdivision (h) of Section 730.6 of the Welfare and
7Institutions Code, or subdivision (f) of Section 1202.4.
Section 2786 of the Penal Code is amended to read:
All money received pursuant to this article in the Inmate
10Welfare Fund of the Department of Corrections and Rehabilitation
11is hereby appropriated for educational, recreational, and other
12purposes described in Section 5006 at the various prison camps
13established under this article and shall be expended by the secretary
14upon warrants drawn upon the State Treasury by the Controller
15after approval of the claims by the Department of General Services.
16It is the intent of the Legislature that moneys in this fund only be
17expended on services other than those that the department is
18required to provide to inmates.
Section 4900 of the Penal Code is amended to read:
Any person who, having been convicted of any crime
21against the state amounting to a felony and imprisoned in the state
22prison or incarcerated in county jail pursuant to subdivision (h) of
23Section 1170 for that conviction, is granted a pardon by the
24Governor for the reason that the crime with which he or she was
25charged was either not committed at all or, if committed, was not
26committed by him or her, or who, being innocent of the crime with
27which he or she was charged for either of the foregoing reasons,
28shall have served the term or any part thereof for which he or she
29was imprisoned in state prison or incarcerated in county jail, may,
30under the conditions provided under this chapter, present a claim
31against the state to the California Victim Compensation
Board for
32the pecuniary injury sustained by him or her through the erroneous
33conviction and imprisonment or incarceration.
Section 4901 of the Penal Code is amended to read:
(a) A claim under Section 4900, accompanied by a
36statement of the facts constituting the claim, verified in the manner
37provided for the verification of complaints in civil actions, is
38required to be presented by the claimant to the California Victim
39Compensation Board within a period of two years after judgment
40of acquittal or after pardon granted, or after release from custody,
P229 1and no claim not so presented shall be considered by the California
2Victim Compensation Board.
3(b) For purposes of subdivision (a), “release from custody”
4means release from imprisonment from state prison or from
5incarceration in county jail when there is no subsequent parole
6jurisdiction exercised by the
Department of Correction and
7Rehabilitation or postrelease jurisdiction under a community
8corrections program, or when there is a parole period or postrelease
9period subject to jurisdiction of a community corrections program,
10when that period ends.
11(c) A person may not file a claim under Section 4900 until 60
12days have passed since the date of reversal of conviction or granting
13of the writ, or while the case is pending upon an initial refiling, or
14until a complaint or information has been dismissed a single time.
Section 4902 of the Penal Code is amended to read:
(a) If the provisions of Section 851.865 or 1485.55 apply
17in any claim, the California Victim Compensation Board shall,
18within 30 days of the presentation of the claim, calculate the
19compensation for the claimant pursuant to Section 4904 and
20recommend to the Legislature payment of that sum. As to any
21claim to which Section 851.865 or 1485.55 does not apply, the
22Attorney General shall respond to the claim within 60 days or
23request an extension of time, upon a showing of good cause.
24(b) Upon receipt of a response from the Attorney General, the
25board shall fix a time and place for the hearing of the claim, and
26shall mail notice thereof to the claimant and to the Attorney
27General at
least 15 days prior to the time fixed for the hearing. The
28board shall use reasonable diligence in setting the date for the
29hearing and shall attempt to set the date for the hearing at the
30earliest date convenient for the parties and the board.
31(c) If the time period for response elapses without a request for
32extension or a response from the Attorney General pursuant to
33subdivision (a), the board shall fix a time and place for the hearing
34of the claim, mail notice thereof to the claimant at least 15 days
35prior to the time fixed for the hearing, and make a recommendation
36based on the claimant’s verified claim and any evidence presented
37by him or her.
Section 4904 of the Penal Code is amended to read:
If the evidence shows that the crime with which the
40claimant was charged was either not committed at all, or, if
P230 1committed, was not committed by the claimant, and that the
2claimant has sustained injury through his or her erroneous
3conviction and imprisonment, the California Victim Compensation
4Board shall report the facts of the case and its conclusions to the
5next Legislature, with a recommendation that the Legislature make
6an appropriation for the purpose of indemnifying the claimant for
7the injury. The amount of the appropriation recommended shall
8be a sum equivalent to one hundred forty dollars ($140) per day
9of incarceration served, and shall include any time spent in custody,
10including in a county jail, that is considered to be part of the term
11of
incarceration. That appropriation shall not be treated as gross
12income to the recipient under the Revenue and Taxation Code.
Section 4905 of the Penal Code is amended to read:
The California Victim Compensation Board shall make
15up its report and recommendation and shall give to the Controller
16a statement showing its recommendations for appropriations under
17this chapter, as provided by law in cases of other claimants against
18the state for which no appropriations have been made.
Section 4906 of the Penal Code is amended to read:
The California Victim Compensation Board is hereby
21authorized to make all needful rules and regulations consistent
22with the law for the purpose of carrying into effect this chapter.
Section 11163 of the Penal Code is amended to read:
(a) The Legislature finds and declares that even though
25the Legislature has provided for immunity from liability, pursuant
26to Section 11161.9, for persons required or authorized to report
27pursuant to this article, that immunity does not eliminate the
28possibility that actions may be brought against those persons based
29upon required reports of abuse pursuant to other laws.
30In order to further limit the financial hardship that those persons
31may incur as a result of fulfilling their legal responsibility, it is
32necessary that they not be unfairly burdened by legal fees incurred
33in defending those actions.
34(b) (1) Therefore, a health practitioner may present a claim to
35the
Department of General Services for reasonable attorney’s fees
36incurred in any action against that person on the basis of that person
37reporting in accordance with this article if the court dismisses the
38action upon a demurrer or motion for summary judgment made
39by that person or if that person prevails in the action.
P231 1(2) The Department of General Services shall allow the claim
2pursuant to paragraph (1) if the requirements of paragraph (1) are
3met, and the claim shall be paid from an appropriation to be made
4for that purpose. Attorney’s fees awarded pursuant to this section
5shall not exceed an hourly rate greater than the rate charged by the
6Attorney General at the time the award is made and shall not
7exceed an aggregate amount of fifty thousand dollars ($50,000).
8(3) This subdivision shall not apply if a public entity has
9provided for the defense of the action pursuant to Section 995 of
10the Government Code.
Section 11172 of the Penal Code is amended to read:
(a) No mandated reporter shall be civilly or criminally
13liable for any report required or authorized by this article, and this
14immunity shall apply even if the mandated reporter acquired the
15knowledge or reasonable suspicion of child abuse or neglect outside
16of his or her professional capacity or outside the scope of his or
17her employment. Any other person reporting a known or suspected
18instance of child abuse or neglect shall not incur civil or criminal
19liability as a result of any report authorized by this article unless
20it can be proven that a false report was made and the person knew
21that the report was false or was made with reckless disregard of
22the truth or falsity of the report, and any person who makes a report
23of child abuse or
neglect known to be false or with reckless
24disregard of the truth or falsity of the report is liable for any
25damages caused. No person required to make a report pursuant to
26this article, nor any person taking photographs at his or her
27direction, shall incur any civil or criminal liability for taking
28photographs of a suspected victim of child abuse or neglect, or
29causing photographs to be taken of a suspected victim of child
30abuse or neglect, without parental consent, or for disseminating
31the photographs, images, or material with the reports required by
32this article. However, this section shall not be construed to grant
33immunity from this liability with respect to any other use of the
34photographs.
35(b) Any person, who, pursuant to a request from a government
36agency investigating a report of suspected child abuse or neglect,
37provides the
requesting agency with access to the victim of a
38known or suspected instance of child abuse or neglect shall not
39incur civil or criminal liability as a result of providing that access.
P232 1(c) Any commercial computer technician, and any employer of
2any commercial computer technician, who, pursuant to a warrant
3from a law enforcement agency investigating a report of suspected
4child abuse or neglect, provides the law enforcement agency with
5a computer or computer component which contains possible
6evidence of a known or suspected instance of child abuse or
7neglect, shall not incur civil or criminal liability as a result of
8providing that computer or computer component to the law
9enforcement agency.
10(d) (1) The Legislature finds that even though it has provided
11immunity
from liability to persons required or authorized to make
12reports pursuant to this article, that immunity does not eliminate
13the possibility that actions may be brought against those persons
14based upon required or authorized reports. In order to further limit
15the financial hardship that those persons may incur as a result of
16fulfilling their legal responsibilities, it is necessary that they not
17be unfairly burdened by legal fees incurred in defending those
18actions. Therefore, a mandated reporter may present a claim to the
19Department of General Services for reasonable attorney’s fees and
20costs incurred in any action against that person on the basis of
21making a report required or authorized by this article if the court
22has dismissed the action upon a demurrer or motion for summary
23judgment made by that person, or if he or she prevails in the action.
24The
Department of General Services shall allow that claim if the
25requirements of this subdivision are met, and the claim shall be
26paid from an appropriation to be made for that purpose. Attorney’s
27fees awarded pursuant to this section shall not exceed an hourly
28rate greater than the rate charged by the Attorney General of the
29State of California at the time the award is made and shall not
30exceed an aggregate amount of fifty thousand dollars ($50,000).
31(2) This subdivision shall not apply if a public entity has
32provided for the defense of the action pursuant to Section 995 of
33the Government Code.
34(e) A court may award attorney’s fees and costs to a commercial
35film and photographic print processor when a suit is brought against
36the processor because of a disclosure mandated by
this article and
37the court finds this suit to be frivolous.
Section 13835.2 of the Penal Code is amended to
39read:
(a) Funds appropriated from the Victim-Witness
2Assistance Fund shall be made available through the Office of
3Emergency Services to any public or private nonprofit agency for
4the assistance of victims and witnesses that meets all of the
5following requirements:
6(1) It provides comprehensive services to victims and witnesses
7of all types of crime. It is the intent of the Legislature to make
8funds available only to programs that do not restrict services to
9victims and witnesses of a particular type of crime, and do not
10restrict services to victims of crime in which there is a suspect in
11the case.
12(2) It is recognized by
the board of supervisors as the major
13provider of comprehensive services to victims and witnesses in
14the county.
15(3) It is selected by the board of supervisors as the agency to
16receive funds pursuant to this article.
17(4) It assists victims of crime in the preparation, verification,
18and presentation of their claims to the California Victim
19Compensation Board for indemnification pursuant to Article 1
20(commencing with Section 13959) of Part 4 of Division 3 of Title
212 of the Government Code.
22(5) It cooperates with the California Victim Compensation Board
23in verifying the data required by Article 1 (commencing with
24Section 13959) of Part 4 of Division 3 of Title 2 of the Government
25Code.
26(b) The Office of Emergency Services shall consider the
27following factors, together with any other circumstances it deems
28appropriate, in awarding funds to public or private nonprofit
29agencies designated as victim and witness assistance centers:
30(1) The capability of the agency to provide comprehensive
31services as defined in this article.
32(2) The stated goals and objectives of the center.
33(3) The number of people to be served and the needs of the
34community.
35(4) Evidence of community support.
36(5) The organizational structure of the agency that
will operate
37the center.
38(6) The capability of the agency to provide confidentiality of
39records.
Section 14030 of the Penal Code is amended to read:
(a) The Attorney General shall establish a liaison with
2the United States Marshal’s office in order to facilitate the legal
3processes over which the federal government has sole authority,
4including, but not limited to, those processes included in Section
514024. The liaison shall coordinate all requests for federal
6assistance relating to witness protection as established by this title.
7(b) The Attorney General shall pursue all federal sources that
8may be available for implementing this program. For that purpose,
9the Attorney General shall establish a liaison with the United States
10Department of Justice.
11(c) The Attorney General, with the California Victim
12
Compensation Board, shall establish procedures to maximize
13federal funds for witness protection services.
Section 216 of the Probate Code is amended to read:
(a) For the purposes of this section “confined” means to
16be confined in a prison or facility under the jurisdiction of the
17Department of Corrections and Rehabilitation, or its Division of
18Juvenile Facilities, or confined in any county or city jail, road
19camp, industrial farm, or other local correctional facility.
20(b) The estate attorney, or if there is no estate attorney, the
21beneficiary, the personal representative, or the person in possession
22of property of the decedent shall give the Director of the California
23Victim Compensation Board notice of a decedent’s death not later
24than 90 days after the date of death in either of the following
25circumstances:
26(1) The deceased person has an heir or beneficiary who is
27confined.
28(2) The estate attorney, or if there is no estate attorney, the
29beneficiary, the personal representative, or the person in possession
30of property of the decedent, knows that an heir or beneficiary has
31previously been confined.
32(c) The notice shall be given as provided in Section 1215 and
33shall include all of the following:
34(1) The name, date of birth, and location of incarceration, or
35current address if no longer incarcerated, of the decedent’s heir or
36beneficiary.
37(2) The heir’s or beneficiary’s CDCR number if incarcerated
38in
a Department of Corrections and Rehabilitation facility or
39booking number if incarcerated in a county facility.
40(3) A copy of the decedent’s death certificate.
P235 1(4) The probate case number, and the name of the superior court
2hearing the case.
3(d) Nothing in this section shall be interpreted as requiring the
4estate attorney, the beneficiary, the personal representative, or the
5person in possession of property of the decedent to conduct an
6additional investigation to determine whether a decedent has an
7heir or beneficiary who has been confined in a prison or facility
8under the jurisdiction of the Department of Corrections and
9Rehabilitation, or its Division of Juvenile Facilities, or confined
10in any county or city jail, road
camp, industrial farm, or other local
11correctional facility.
Section 9202 of the Probate Code is amended to
13read:
(a) Not later than 90 days after the date letters are first
15issued to a general personal representative, the general personal
16representative or estate attorney shall give the Director of Health
17Care Services notice of the decedent’s death in the manner provided
18in Section 215 if the general personal representative knows or has
19reason to believe that the decedent received health care under
20Chapter 7 (commencing with Section 14000) or Chapter 8
21(commencing with Section 14200) of Part 3 of Division 9 of the
22Welfare and Institutions Code, or was the surviving spouse of a
23person who received that health care. The director has four months
24after notice is given in which to file a claim.
25(b) Not later than 90 days after the date letters are first issued
26to a general personal representative, the general personal
27representative or estate attorney shall give the Director of the
28California Victim Compensation Board notice of the decedent’s
29death in the manner provided in Section 216 if the general personal
30representative or estate attorney knows that an heir or beneficiary
31is or has previously been confined in a prison or facility under the
32jurisdiction of the Department of Corrections and Rehabilitation
33or confined in any county or city jail, road camp, industrial farm,
34or other local correctional facility. The director of the board shall
35have four months after that notice is received in which to pursue
36collection of any outstanding restitution fines or orders.
37(c) (1) Not later than 90 days
after the date letters are first issued
38to a general personal representative, the general personal
39representative or estate attorney shall give the Franchise Tax Board
P236 1notice of the administration of the estate. The notice shall be given
2as provided in Section 1215.
3(2) The provisions of this subdivision shall apply to estates for
4which letters are first issued on or after July 1, 2008.
5(d) Nothing in this section shall be interpreted as requiring the
6estate attorney, the beneficiary, the personal representative, or the
7person in possession of property of the decedent to conduct an
8additional investigation to determine whether a decedent has an
9heir or beneficiary who has been confined in a prison or facility
10under the jurisdiction of the Department of Corrections and
11Rehabilitation,
or its Division of Juvenile Facilities, or confined
12in any county or city jail, road camp, industrial farm, or other local
13correctional facility.
Section 10301 of the Public Contract Code is
15amended to read:
Except in cases when the agency and the department
17agree that an article of a specified brand or trade name is the only
18article that will properly meet the needs of the agency, or in cases
19where the Department of General Services has made a
20determination pursuant to Section 10308, all contracts for the
21acquisition or lease of goods in an amount of twenty-five thousand
22dollars ($25,000), or a higher amount as established by the director,
23shall be made or entered into with the lowest responsible bidder
24meeting specifications.
25For purposes of determining the lowest bid, the amount of sales
26tax shall be excluded from the total amount of the bid.
Section 10306 of the Public Contract Code is
28amended to read:
Whenever a contract or purchase order under this article
30is not to be awarded to the lowest bidder, the bidder shall be
31notified 24 hours prior to awarding the contract or purchase order
32to another bidder. Upon written request by any bidder who has
33submitted a bid, notice of the proposed award shall be posted in a
34public place in the offices of the department at least 24 hours prior
35to awarding the contract or purchase order. If prior to making the
36award, any bidder who has submitted a bid files a protest with the
37department against the awarding of the contract or purchase order
38on the ground that he or she is the lowest responsible bidder
39meeting specifications, the contract or purchase order shall not be
40awarded until either
the protest has been withdrawn or the
P237 1
department has made a final decision as to the action to be taken
2relative to the protest. In computing the 24-hour periods provided
3for in this section, Saturdays, Sundays, and legal holidays shall be
4excluded.
5Within 10 days after filing a protest, the protesting bidder shall
6file with the department a full and complete written statement
7specifying in detail the ground of the protest and the facts in
8support thereof.
Section 10308 of the Public Contract Code is
10amended to read:
Except as provided otherwise in this chapter, every
12acquisition of goods in excess of one hundred dollars ($100) for
13any state agency shall be made by or under the supervision of the
14department. However, the state agency may specify the quality of
15the goods to be acquired. If the department determines that the
16quality specified by the agency is inconsistent with the statewide
17standards established by the director under Section 10307, it shall
18change the request to make it consistent with the standards, and it
19shall notify the state agency, within a reasonable time, before a
20contract is issued. If the agency is of the opinion the interests of
21the state would not be served by the acquisition of goods of a lesser
22quality or
different than that specified by the agency, the agency
23may request a hearing before the department and the department
24shall determine which goods will best serve the interests of the
25state, whereupon the department shall issue a contract for the goods
26specified by the department.
Section 10311 of the Public Contract Code is
28amended to read:
(a) An estimate or requisition approved by the state
30agency in control of the appropriation or fund against which an
31acquisition is to be charged, is full authority for any contract for
32goods of the quality specified by the agency or determined by the
33department as provided in this article made pursuant thereto by
34the department.
35(b) The department shall issue a call for bids within 30 days
36after receiving a requisition for any goods that are regularly
37acquired within this state. The period of closing time designated
38in the invitations for bids shall be exclusive of holidays and shall
39be extended to the next working day after a holiday.
P238 1(c) Except as provided in subdivision (d), after the closing date
2for receiving any bids within or without this state, the contract
3shall be awarded or the bids shall be rejected within 45 days unless
4a protest is filed as provided in Section 10306.
5(d) After the 45-day time period prescribed by subdivision (c),
6the department may in its sound discretion either award the contract
7to the lowest responsible bidder meeting specifications who
8remains willing to accept the award or else reject all bids.
9(e) The amendments made to this section at the 1987-88 Regular
10Session of the Legislature do not constitute a change in, but are
11declaratory of, existing law.
Section 10326.2 of the Public Contract Code is
13amended to read:
(a) As used in this section, “best value procurement”
15means a contract award determined by objective criteria related
16to price, features, functions, and life-cycle costs that may include
17the following:
18(1) Total cost of ownership, including warranty, under which
19all repair costs are borne solely by the warranty provider, repair
20costs, maintenance costs, fuel consumption, and salvage value.
21(2) Product performance, productivity, and safety standards.
22(3) The supplier’s ability to perform to the contract requirements.
23(4) Environmental benefits, including reduction of greenhouse
24gas emissions, reduction of air pollutant emissions, or reduction
25of toxic or hazardous materials.
26(b) The department may purchase and equip heavy mobile fleet
27vehicles and special equipment for use by the Department of
28Transportation by means of best value procurement, using
29specifications and criteria developed in consultation with the
30Department of Transportation.
31(c) In addition to disclosure of the minimum requirements for
32qualification, the solicitation document shall specify what business
33performance measures in addition to price shall be given a weighted
34value. The department shall use a scoring method based on those
35factors and price in determining the successful bid. Any evaluation
36and scoring
method shall ensure substantial weight is given to the
37contract price. The solicitation document shall provide for
38submission of sealed price information. Evaluation of all criteria
39other than price shall be completed before the opening of price
40information.
P239 1(d) Upon written request of any bidder who has submitted a bid,
2notice of the proposed award shall be posted in a public place in
3the offices of the department at least 24 hours before awarding the
4contract or purchase order. If, before making an award, any bidder
5who has submitted a bid files a protest with the department against
6the awarding of the contract or purchase order on the ground that
7his or her bid should have been selected in accordance with the
8selection criteria in the solicitation document, the contract or
9purchase order shall not be awarded until either the protest has
10been
withdrawn or the department has made a final decision as to
11the action to be taken relative to the protest. Within 10 days after
12filing a protest, the protesting bidder shall file with the
department
13a full and complete written statement specifying in detail the
14ground of the protest and the facts in support thereof.
15(e) The total value of vehicles and equipment purchased through
16best value procurement pursuant to this section shall be limited to
17twenty million dollars ($20,000,000) annually.
18(f) On or before June 1, 2020, the Department of General
19Services shall prepare an evaluation of the best value procurement
20pilot authorized by this section, including a recommendation on
21whether or not the process should be continued. The evaluation
22shall be posted on the Department of Transportation’s Internet
23Web site on or before June 30, 2020.
24(g) This section shall remain in effect only
until January 1, 2021,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2021, deletes or extends that date.
Section 12102.2 of the Public Contract Code is
28amended to read:
(a) Contract awards for all large-scale systems
30integration projects shall be based on the proposal that provides
31the most value-effective solution to the state’s requirements, as
32determined by the evaluation criteria contained in the solicitation
33document. Evaluation criteria for the acquisition of information
34technology goods and services, including systems integration, shall
35provide for the selection of a contractor on an objective basis not
36limited to cost alone.
37(1) The Department of Technology shall invite active
38participation, review, advice, comment, and assistance from the
39private sector and state agencies in developing procedures to
40streamline and to make the
acquisition process more efficient,
P240 1including, but not limited to, consideration of comprehensive
2statements in the request for proposals of the business needs and
3governmental functions, access to studies, planning documents,
4feasibility study reports and draft requests for proposals applicable
5to solicitations, minimizing the time and cost of the proposal
6submittal and selection process, and development of a procedure
7for submission and evaluation of a single proposal rather than
8multiple proposals.
9(2) Solicitations for acquisitions based on evaluation criteria
10other than cost alone shall provide that sealed cost proposals shall
11be submitted and that they shall be opened at a time and place
12designated in the solicitation for bids and proposals. Evaluation
13of all criteria, other than cost, shall be completed prior to the time
14designated
for public opening of cost proposals, and the results of
15the completed evaluation shall be published immediately before
16the opening of cost proposals. The state’s contact person for
17
administration of the solicitation shall be identified in the
18solicitation for bids and proposals, and that person shall execute
19a certificate under penalty of perjury, which shall be made a
20permanent part of the official contract file, that all cost proposals
21received by the state have been maintained sealed and under lock
22and key until the time cost proposals are opened.
23(b) The acquisition of hardware acquired independently of a
24system integration project may be made on the basis of lowest cost
25meeting all other specifications.
26(c) The 5 percent small business preference provided for in
27Chapter 6.5 (commencing with Section 14835) of Part 5.5 of
28Division 3 of Title 2 of the Government Code and the regulations
29implementing that chapter shall be accorded to all qualifying
small
30businesses.
31(d) For all transactions formally advertised, evaluation of
32bidders’ proposals for the purpose of determining contract award
33for information technology goods shall provide for consideration
34of a bidder’s best financing alternatives, including lease or purchase
35alternatives, if any bidder so requests, not less than 30 days prior
36to the date of final bid submission, unless the acquiring agency
37can prove to the satisfaction of the Department of General Services
38that a particular financing alternative should not be so considered.
39(e) Acquisition authority may be delegated by the Director of
40General Services to any state agency that has been determined by
P241 1the Department of General Services to be capable of effective use
2of that authority. This authority may be
limited by the Department
3of General Services. Acquisitions conducted under delegated
4authority shall be reviewed by the Department of General Services
5on a selective basis.
6(f) To the extent practical, the solicitation documents shall
7provide for a contract to be written to enable acquisition of
8additional items to avoid essentially redundant acquisition
9processes when it can be determined that it is economical to do
10so.
11(g) Protest procedures shall be developed to provide bidders an
12opportunity to protest any formal, competitive acquisition
13conducted in accordance with this chapter. The procedures shall
14provide that protests must be filed no later than five working days
15after the issuance of an intent to award. Authority to protest may
16be limited to
participating bidders. The Director of Technology,
17or a person designated by the director, may consider and decide
18on initial protests of bids for information technology projects
19conducted by the Department of Technology and
20telecommunications procurement made pursuant to Section 12120.
21The Director of the Department of General Services, or a person
22designated by the director, may consider and decide on initial
23protests of all other information technology acquisitions. A decision
24regarding an initial protest shall be final. If prior to the last day to
25protest, any bidder who has submitted an offer files a protest with
26the department against the awarding of the contract on the ground
27that his or her bid or proposal should have been selected in
28accordance with the selection criteria in the solicitation document,
29the contract shall not be awarded until either the protest has been
30withdrawn or the
Department of General Services has made a final
31decision as to the action to be taken relating to the protest. Within
3210 calendar days after filing a protest, the protesting bidder shall
33file with the Department of General Services a full and complete
34written statement specifying in detail the grounds of the protest
35and the facts in support thereof.
36(h) Consistent with the procedures established and administered
37by the Department of General Services, information technology
38goods that have been determined to be surplus to state needs shall
39be disposed of in a manner that will best serve the interests of the
P242 1state. Procedures governing the disposal of surplus goods may
2include auction or transfer to local governmental entities.
3(i) A supplier may be excluded from
bid processes if the
4supplier’s performance with respect to a previously awarded
5contract has been unsatisfactory, as determined by the state in
6accordance with established procedures that shall be maintained
7in the State Administrative Manual. This exclusion may not exceed
836 months for any one determination of unsatisfactory
9performance. Any supplier excluded in accordance with this section
10shall be reinstated as a qualified supplier at any time during this
1136-month period, upon demonstrating to the Department of General
12Services’ satisfaction that the problems that resulted in the
13supplier’s exclusion have been corrected.
Section 4116 of the Public Resources Code is
15amended to read:
Any claim for damages arising against the state under
17Section 4114 or 4115 shall be presented to the Department of
18General Services in accordance with Part 3 (commencing with
19Section 900) and Part 4 (commencing with Section 940) of Division
203.6 of Title 1 of the Government Code and, if not covered by
21insurance, shall be payable only out of funds appropriated by the
22Legislature for that purpose. If the state has elected to acquire
23liability insurance, the
Department of General Services may
24automatically deny this claim.
Section 4602.6 of the Public Resources Code is
26amended to read:
(a) If a timber operator believes that a forest officer
28lacked reasonable cause to issue or extend a stop order pursuant
29to Section 4602.5, the timber operator may present a claim to the
30Department of General Services pursuant to Part 3 (commencing
31with Section 900) of Division 3.6 of Title 1 of the Government
32Code for compensation and damages resulting from the stopping
33of timber operations.
34(b) If the Department of General Services finds that the forest
35officer lacked reasonable cause to issue or extend the stop order,
36the department shall award a sum of not less than one hundred
37dollars ($100) nor more than one thousand dollars ($1,000) per
38
day for each day the order was in effect.
Section 5093.68 of the Public Resources Code is
40amended to read:
(a) Within the boundaries of special treatment areas
2adjacent to wild, scenic, or recreational river segments, all of the
3following provisions shall apply, in addition to any other applicable
4provision under this chapter or generally, whether by statute or
5regulation:
6(1) A timber operator, whether licensed or not, is responsible
7for the actions of his or her employees. The registered professional
8forester who prepares and signs a timber harvesting plan, a timber
9management plan, or a notice of timber operations is responsible
10for its contents, but is not responsible for the implementation or
11execution of the plan or notice unless employed
for that purpose.
12(2) A registered professional forester preparing a timber
13harvesting plan shall certify that he or she or a qualified
14representative has personally inspected the plan area on the ground.
15(b) In order to temporarily suspend timber operations that are
16being conducted within special treatment areas adjacent to wild,
17scenic, or recreational rivers designated pursuant to Section
185093.54, while judicial remedies are pursued pursuant to this
19section, an inspecting forest officer of the Department of Forestry
20and Fire Protection may issue a written timber operations stop
21order if, upon reasonable cause, the officer determines that a timber
22operation is being conducted, or is about to be conducted, in
23violation of Chapter 8 (commencing with Section 4511) of Part 2
24of Division
4, or of rules and regulations adopted pursuant to those
25provisions, and that the violation or threatened violation would
26result in imminent and substantial damage to soil, water, or timber
27resources or to fish and wildlife habitat. A stop order shall apply
28only to those acts or omissions that are the proximate cause of the
29violation or that are reasonably foreseen would be the proximate
30cause of a violation. The stop order shall be effective immediately
31and throughout the next day.
32(c) A supervising forest officer may, after an onsite
33investigation, extend a stop order issued pursuant to subdivision
34(b) for up to five days, excluding Saturday and Sunday, if the forest
35officer finds that the original stop order was issued upon reasonable
36cause. A stop order shall not be issued or extended for the same
37act or omission more than one time.
38(d) Each stop order shall identify the specific act or omission
39that constitutes a violation or that, if foreseen, would constitute a
P244 1violation, the specific timber operation that is to be stopped, and
2any corrective or mitigative actions that may be required.
3(e) The Department of Forestry and Fire Protection may
4terminate the stop order if the timber operator enters into a written
5agreement with the department assuring that the timber operator
6will resume operations in compliance with the provisions of
7Chapter 8 (commencing with Section 4511) of Part 2 of Division
84, and with the rules and regulations adopted pursuant to those
9provisions, and will correct any violation. The department may
10require a reasonable cash deposit or bond payable to the department
11as a condition of
compliance with the agreement.
12(f) Notice of the issuance of a stop order or an extension of a
13stop order shall be deemed to have been made to all persons
14working on the timber operation when a copy of the written order
15is delivered to the person in charge of operations at the time that
16the order is issued or, if no persons are present at that time, by
17posting a copy of the order conspicuously on the yarder or log
18loading equipment at a currently active landing on the timber
19operations site. If no person is present at the site when the order
20is issued, the issuing forest officer shall deliver a copy of the order
21to the timber operator either in person or to the operator’s address
22of record prior to the commencement of the next working day.
23(g) As used in this section, “forest officer” means a
registered
24professional forester employed by the Department of Forestry and
25Fire Protection in a civil service classification of forester II or
26higher grade.
27(h) (1) Failure of the timber operator or an employee of the
28timber operator, after receiving notice pursuant to this section, to
29comply with a validly issued stop order is a violation of this section
30and is a misdemeanor punishable by a fine of not less than five
31hundred dollars ($500), or by imprisonment for not more than one
32year in the county jail, or both. The person shall also be subject to
33civil damages to the state not to exceed ten thousand dollars
34($10,000) for each misdemeanor violation. However, in all cases,
35the timber operator, and not an employee of the operator or any
36other person, shall be charged with that violation. Each day or
37portion
thereof that the violation continues shall constitute a new
38and separate offense.
39(2) In determining the penalty for a timber operator guilty of
40violating a validly issued stop order, the court shall take into
P245 1consideration all relevant circumstances, including, but not limited
2to, the following:
3(A) The extent of harm to soil, water, or timber resources or to
4fish and wildlife habitat.
5(B) Corrective action, if any, taken by the defendant.
6(i) Nothing in this section prevents a timber operator from
7seeking an alternative writ as prescribed in Chapter 2 (commencing
8with Section 1084) of Title 1 of Part 3 of the Code of Civil
9Procedure, or as provided by any
other provision of law.
10(j) (1) If a timber operator believes that a forest officer lacked
11reasonable cause to issue or extend a stop order pursuant to this
12section, the timber operator may present a claim to the Department
13of General Services pursuant to Part 3 (commencing with Section
14900) of Division 3.6 of Title 1 of the Government Code for
15compensation and damages resulting from the stopping of timber
16operations.
17(2) If the Department of General Services finds that the forest
18officer lacked reasonable cause to issue or extend the stop order,
19the board shall award a sum of not less than one hundred dollars
20($100), nor more than one thousand dollars ($1,000), per day for
21each day the order was in effect.
Chapter 6.7 (commencing with Section 21189.50)
23is added to Division 13 of the Public Resources Code, to read:
24
As used in this chapter, “capitol building annex
29project” means any work of construction of a state capitol building
30annex or restoration, rehabilitation, renovation, or reconstruction
31of the State Capitol Building Annex described in Section 9105 of
32the Government Code that is performed pursuant to Article 5.2
33(commencing with Section 9112) of Chapter 1.5 of Part 1 of
34Division 2 of Title 2 of the Government Code.
On or before July 1, 2017, the Judicial Council shall
36adopt a rule of court to establish procedures applicable to actions
37or proceedings brought to attack, review, set aside, void, or annul
38the certification of the environmental impact report for a capitol
39building annex project or the granting of any project approvals
40that require the actions or proceedings, including any potential
P246 1appeals therefrom, be resolved, to the extent feasible, within 270
2days of certification of the record of proceedings pursuant to
3Section 21189.52.
(a) The lead agency shall prepare and certify the
5record of the proceedings in accordance with this section and in
6accordance with Rule 3.1365 of the California Rules of Court.
7(b) No later than three business days following the date of the
8release of the draft environmental impact report, the lead agency
9shall make available to the public in a readily accessible electronic
10format the draft environmental impact report and all other
11documents submitted to or relied on by the lead agency in the
12preparation of the draft environmental impact report. A document
13prepared by the lead agency after the date of the
release of the
14draft environmental impact report that is a part of the record of the
15proceedings shall be made available to the public in a readily
16accessible electronic format within five business days after the
17document is prepared or received by the lead agency.
18(c) Notwithstanding subdivision (b), documents submitted to
19or relied on by the lead agency that were not prepared specifically
20for the capitol building annex project and are copyright protected
21are not required to be made readily accessible in an electronic
22format. For those copyright protected documents, the lead agency
23shall make an index of these documents available in an electronic
24format no later than the date of the release of the draft
25environmental impact report, or within five business days if the
26document is
received or relied on by the lead agency after the
27release of the draft environmental impact report. The index must
28specify the libraries or lead agency offices in which hard copies
29of the copyrighted materials are available for public review.
30(d) The lead agency shall encourage written comments on the
31capitol building annex project to be submitted in a readily
32accessible electronic format, and shall make any such comment
33available to the public in a readily accessible electronic format
34within five days of its receipt.
35(e) Within seven business days after the receipt of any comment
36that is not in an electronic format, the lead agency shall convert
37that comment into
a readily accessible electronic format and make
38it available to the public in that format.
39(f) The lead agency shall indicate in the record of the
40proceedings comments received that were not considered by the
P247 1lead agency pursuant to subdivision (d) of Section 21189.55 and
2need not include the content of the comments as a part of the
3record.
4(g) Within five days after the filing of the notice required by
5subdivision (a) of Section 21152, the lead agency shall certify the
6record of the proceedings for the approval or determination and
7shall provide an electronic copy of the record to a party that has
8submitted a written request for a copy. The lead agency may
charge
9and collect a reasonable fee from a party requesting a copy of the
10record for the electronic copy, which shall not exceed the
11reasonable cost of reproducing that copy.
12(h) Within 10 days after being served with a complaint or a
13petition for a writ of mandate, the lead agency shall lodge a copy
14of the certified record of proceedings with the superior court.
15(i) Any dispute over the content of the record of the proceedings
16shall be resolved by the superior court. Unless the superior court
17directs otherwise, a party disputing the content of the record shall
18file a motion to augment the record at the time it files its initial
19brief.
20(j) The contents of the record of proceedings shall be as set forth
21in subdivision (e) of Section 21167.6.
(a) In granting relief in an action or proceeding
23brought pursuant to this chapter, the court shall not enjoin the
24capitol building annex project unless the court finds either of the
25following:
26(1) The continuation of the capitol building annex project
27presents an imminent threat to the public health and safety.
28(2) The capitol building annex project site contains unforeseen
29important Native American artifacts or unforeseen important
30historical, archaeological, or ecological values that
would be
31materially, permanently, and adversely affected by the continuation
32of the capitol building annex project unless the court stays or
33enjoins the capitol building annex project.
34(b) If the court finds that either paragraph (1) or (2) of
35subdivision (a) is satisfied, the court shall only enjoin those specific
36activities associated with the capitol building annex project that
37present an imminent threat to public health and safety or that
38materially, permanently, and adversely affect unforeseen important
39Native American artifacts or unforeseen important historical,
40archaeological, or ecological values.
(a) The draft and final environmental impact report
2shall include a notice in not less than 12-point type stating the
3following:
4THIS EIR IS SUBJECT TO CHAPTER 6.7 (COMMENCING
5WITH SECTION 21189.50) OF DIVISION 13 OF THE PUBLIC
6RESOURCES CODE, WHICH PROVIDES, AMONG OTHER
7THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER
8CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE
9PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY
10JUDICIAL ACTION CHALLENGING THE CERTIFICATION
11OF THE EIR OR THE APPROVAL OF THE PROJECT
12DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES
13SET FORTH IN SECTIONS 21189.51 TO 21189.53, INCLUSIVE,
14OF THE PUBLIC
RESOURCES CODE. A COPY OF CHAPTER
156.7 (COMMENCING WITH SECTION 21189.50) OF DIVISION
1613 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN
17THE APPENDIX TO THIS EIR.
18(b) The draft environmental impact report and final
19environmental impact report shall contain, as an appendix, the full
20text of this chapter.
(a) Within 10 days after the release of the draft
22environmental impact report, the lead agency shall conduct an
23informational workshop to inform the public of the key analyses
24and conclusions of that report.
25(b) Within 10 days before the close of the public comment
26period, the lead agency shall hold a public hearing to receive
27testimony on the draft environmental impact report. A transcript
28of the hearing shall be included as an appendix to the final
29environmental impact report.
30(c) (1) Within five days following the close of the public
31comment period, a commenter on the draft environmental impact
32report may submit to the lead agency a written request for
33nonbinding mediation. The lead agency shall participate in
34nonbinding mediation with all commenters who submitted timely
35comments on the draft environmental impact report and who
36requested the mediation. Mediation conducted pursuant to this
37paragraph shall end no later than 35 days after the close of the
38public comment period.
P249 1(2) A request for mediation shall identify all areas of dispute
2raised in the comment submitted by the commenter that are to be
3mediated.
4(3) The lead agency shall select one or more mediators who
5shall be retired judges or recognized experts with at least five years
6experience in land use and environmental law or science, or
7mediation.
8(4) A mediation session shall be conducted on each area of
9dispute with the parties requesting mediation on that area of
10dispute.
11(5) The lead agency shall adopt, as a condition of approval, any
12measures agreed upon by the lead agency and any commenter who
13requested mediation. A commenter who agrees to a measure
14pursuant to this subparagraph shall not raise the issue addressed
15by that measure as a basis for an action or proceeding challenging
16the
lead agency’s decision to certify the environmental impact
17report or to grant one or more initial project approvals.
18(d) The lead agency need not consider written comments
19submitted after the close of the public comment period, unless
20those comments address any of the following:
21(1) New issues raised in the response to comments by the lead
22agency.
23(2) New information released by the public agency subsequent
24to the release of the draft environmental impact report, such as
25new information set forth or embodied in a staff report, proposed
26permit,
proposed resolution, ordinance, or similar documents.
27(3) Changes made to the project after the close of the public
28comment period.
29(4) Proposed conditions for approval, mitigation measures, or
30proposed findings required by Section 21081 or a proposed
31reporting and monitoring program required by paragraph (1) of
32subdivision (a) of Section 21081.6, where the lead agency releases
33those documents subsequent to the release of the draft
34environmental impact report.
35(5) New information that was not reasonably known and could
36not have been reasonably
known during the public comment period.
The provisions of this chapter are severable. If any
38provision of this chapter or its application is held to be invalid,
39that invalidity shall not affect any other provision or application
40that can be given effect without the invalid provision or application.
Except as otherwise provided expressly in this
2chapter, nothing in this chapter affects the duty of any party to
3comply with this division.
Section 30171.2 of the Public Resources Code is
5amended to read:
(a) Except as provided in subdivision (b), on and
7after January 1, 1985, no agricultural conversion fees may be levied
8or collected under the agricultural subsidy program provided in
9the local coastal program of the City of Carlsbad that was adopted
10and certified pursuant to Section 30171. All other provisions of
11that program shall continue to be operative, including the right to
12develop designated areas as provided in the program.
13(b) This section shall not affect any right or obligation under
14any agreement or contract entered into prior to January 1, 1985,
15pursuant to that agricultural subsidy program, including the
16payment of any fees and the
right of development in accordance
17with the provisions of the agreement or contract. As to these
18properties, the agricultural subsidy fees in existence as of December
1931, 1984, shall be paid and allocated within the City of Carlsbad,
20or on projects outside the city that benefit agricultural programs
21within the city, in accordance with the provisions of the agricultural
22subsidy program as it existed on September 30, 1984.
23(c) Any agricultural conversion fees collected pursuant to the
24agricultural subsidy program and not deposited in the agricultural
25improvement fund in accordance with the local coastal program
26or that have not been expended in the form of agricultural subsidies
27assigned to landowners by the local coastal program land use policy
28plan on January 1, 1985, shall be used by the
Department of
29General Services to reimburse the party that paid the fees if no
30agreements or contracts have been entered into or to the original
31parties to the agreements or contracts referred to in subdivision
32(b) in proportion to the amount of fees paid by the parties.
33However, if the property subject to the fee was under option at the
34time that the original agreement or contract was entered into and
35the optionee was a party to the agricultural subsidy agreement,
36payments allocable to that property shall be paid to the optionee
37in the event the optionee has exercised the option. Reimbursements
38under this section shall be paid within 90 days after January 1,
391985, or payment of the fee, whichever occurs later, and only after
P251 1waiver by the party being reimbursed of any potential legal rights
2resulting from enactment of this section.
3(d) (1) Any person entitled to reimbursement of fees under
4subdivision (c) shall file a claim with the
Department of General
5Services, which shall determine the validity of the claim and pay
6that person a pro rata share based on the relative amounts of fees
7paid under the local coastal program or any agreement or contract
8entered pursuant thereto.
9(2) There is hereby appropriated to the Department of General
10Services the fees referred to in subdivision (c), for the purpose of
11making refunds under this section.
12(e) Notwithstanding any geographical limitation contained in
13this division, funds deposited pursuant to subdivision (b) may be
14expended for physical or institutional development improvements
15needed to facilitate long-term agricultural production within the
16City of Carlsbad. These funds may be used to construct
17improvements outside the coastal zone
boundaries in San Diego
18County if the improvements are not inconsistent with the Carlsbad
19local coastal program and the State Coastal Conservancy
20determines that the improvements will benefit agricultural
21production within the coastal zone of the City of Carlsbad.
Section 17059.2 of the Revenue and Taxation Code
23 is amended to read:
(a) (1) For each taxable year beginning on and after
25January 1, 2014, and before January 1, 2025, there shall be allowed
26as a credit against the “net tax,” as defined in Section 17039, an
27amount as determined by the committee pursuant to paragraph (2)
28and approved pursuant to Section 18410.2.
29(2) The credit under this section shall be allocated by GO-Biz
30with respect to the 2013-14 fiscal year through and including the
312017-18 fiscal year. The amount of credit allocated to a taxpayer
32with respect to a fiscal year pursuant to this section shall be as set
33forth in a written agreement between GO-Biz and the taxpayer and
34shall be based on the following factors:
35(A) The number of jobs the taxpayer will create or retain in this
36state.
37(B) The compensation paid or proposed to be paid by the
38taxpayer to its employees, including wages and fringe benefits.
39(C) The amount of investment in this state by the taxpayer.
P252 1(D) The extent of unemployment or poverty in the area
2according to the United States Census in which the taxpayer’s
3project or business is proposed or located.
4(E) The incentives available to the taxpayer in this state,
5including incentives from the state, local government, and other
6entities.
7(F) The incentives available to the taxpayer in other states.
8(G) The duration of the proposed project and the duration the
9taxpayer commits to remain in this state.
10(H) The overall economic impact in this state of the taxpayer’s
11project or business.
12(I) The strategic importance of the taxpayer’s project or business
13to the state, region, or locality.
14(J) The opportunity for future growth and expansion in this state
15by the taxpayer’s business.
16(K) The extent to which the anticipated benefit to the state
17exceeds the projected benefit to the taxpayer from the tax credit.
18(3) The written agreement entered into pursuant to paragraph
19(2) shall include:
20(A) Terms and conditions that include the taxable year or years
21for which the credit allocated shall be allowed, a minimum
22compensation level, and a minimum job retention period.
23(B) Provisions indicating whether the credit is to be allocated
24in full upon approval or in increments based on mutually agreed
25upon milestones when satisfactorily met by the taxpayer.
26(C) Provisions that allow the committee to recapture the credit,
27in whole or in part, if the taxpayer fails to fulfill the terms and
28conditions of the written agreement.
29(b) For purposes of this section:
30(1) “Committee” means the California Competes Tax Credit
31Committee established pursuant to Section 18410.2.
32(2) “GO-Biz” means the Governor’s Office of Business and
33Economic Development.
34(c) For purposes of this section, GO-Biz shall do the following:
35(1) Give priority to a taxpayer whose project or business is
36located or proposed to be located in an area of high unemployment
37or poverty.
38(2) Negotiate with a taxpayer the terms and conditions of
39proposed written agreements that provide the credit allowed
40pursuant to this section to a taxpayer.
P253 1(3) Provide the negotiated written agreement to the committee
2for its approval pursuant to Section 18410.2.
3(4) Inform the Franchise Tax Board of the terms and conditions
4of the written agreement upon approval of the written agreement
5by the committee.
6(5) Inform the Franchise Tax Board of any recapture, in whole
7or in part, of a previously allocated credit upon approval of the
8recapture by the committee.
9(6) Post on its Internet Web site all of the following:
10(A) The name of each taxpayer allocated a credit pursuant to
11this section.
12(B) The estimated amount of the investment by each taxpayer.
13(C) The estimated number of jobs created or retained.
14(D) The amount of the credit allocated to the taxpayer.
15(E) The amount of the credit recaptured from the taxpayer, if
16applicable.
17(7) When determining whether to enter into a written agreement
18with a taxpayer pursuant to this section, GO-Biz may consider
19other factors, including, but not limited to, the following:
20(A) The financial solvency of the taxpayer and the taxpayer’s
21ability to finance its proposed expansion.
22(B) The taxpayer’s current and prior compliance with federal
23and state laws.
24(C) Current and prior litigation involving the taxpayer.
25(D) The reasonableness of the fee arrangement between the
26taxpayer and any third party providing any services related to the
27credit allowed pursuant to this section.
28(E) Any other factors GO-Biz deems necessary to ensure that
29the administration of the credit allowed pursuant to this section is
30a model of accountability and transparency and that the effective
31use of the limited amount of credit available is maximized.
32(d) For purposes of this section, the Franchise Tax Board shall
33do all of the following:
34(1) (A) Except as provided in subparagraph (B), review the
35books and records of all taxpayers allocated a credit pursuant to
36this section to ensure compliance with the terms and conditions
37of the written agreement between the taxpayer and GO-Biz.
38(B) In the case of a taxpayer that is a “small business,” as
39defined in Section 17053.73, review the books and records of the
40taxpayer allocated a credit pursuant to this section to ensure
P254 1compliance with the terms and conditions of the written agreement
2between the taxpayer and GO-Biz when, in the sole discretion of
3the Franchise Tax Board, a review of those books and records is
4appropriate or necessary in the best interests of the state.
5(2) Notwithstanding Section 19542:
6(A) Notify GO-Biz of a possible breach of the written agreement
7by a taxpayer and provide detailed information regarding the basis
8for that determination.
9(B) Provide information to GO-Biz with respect to whether a
10taxpayer is a “small business,” as defined in Section 17053.73.
11(e) In the case where the credit allowed under this section
12exceeds the “net tax,” as defined in Section 17039, for a taxable
13year, the excess credit may be carried over to reduce the “net tax”
14in the following taxable year, and succeeding five taxable years,
15if necessary, until the credit has been exhausted.
16(f) Any recapture, in whole or in part, of a credit approved by
17the
committee pursuant to Section 18410.2 shall be treated as a
18mathematical error appearing on the return. Any amount of tax
19resulting from that recapture shall be assessed by the Franchise
20Tax Board in the same manner as provided by Section 19051. The
21amount of tax resulting from the recapture shall be added to the
22tax otherwise due by the taxpayer for the taxable year in which
23the committee’s recapture determination occurred.
24(g) (1) The aggregate amount of credit that may be allocated
25in any fiscal year pursuant to this section and Section 23689 shall
26be an amount equal to the sum of subparagraphs (A), (B), and (C),
27less the amount specified in subparagraphs (D) and (E):
28(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
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
P255 16377.1 and of the amounts estimated to be claimed pursuant to
2this section and Sections 17053.73, 23626, and 23689 to no more
3than seven hundred fifty million
dollars ($750,000,000) for either
4the current fiscal year or the next fiscal year.
5(i) The Director of Finance shall notify the Chairperson of the
6Joint Legislative Budget Committee of the estimated annual
7allocation authorized by this paragraph. Any allocation pursuant
8to these provisions shall be made no sooner than 30 days after
9written notification has been provided to the Chairperson of the
10Joint Legislative Budget Committee and the chairpersons of the
11committees of each house of the Legislature that consider
12appropriation, or not sooner than whatever lesser time the
13Chairperson of the Joint Legislative Budget Committee, or his or
14her designee, may determine.
15(ii) In no event shall the amount estimated in this subparagraph
16be less than zero dollars ($0).
17(E) (i) For the 2015-16 fiscal year and each fiscal year
18thereafter, the amount of credit estimated by the Director of Finance
19to be allowed to all qualified taxpayers for that fiscal year pursuant
20to subparagraph (A) or subparagraph (B) of paragraph (1) of
21subdivision (c) of Section 23636.
22(ii) If the amount available per fiscal year pursuant to this section
23and Section 23689 is less than the aggregate amount of credit
24estimated by the Director of Finance to be allowed to qualified
25taxpayers pursuant to subparagraph (A) or subparagraph (B) of
26paragraph (1) of subdivision (c) of Section 23636, the aggregate
27amount allowed pursuant to Section 23636 shall not be reduced
28and, in addition to the reduction required by clause (i), the
29aggregate amount of credit that
may be allocated pursuant to this
30section and Section 23689 for the next fiscal year shall be reduced
31by the amount of that deficit.
32(iii) It is the intent of the Legislature that the reductions specified
33in this subparagraph of the aggregate amount of credit that may
34be allocated pursuant to this section and Section 23689 shall
35continue if the repeal dates of the credits allowed by this section
36and Section 23689 are removed or extended.
37(2) (A) In addition to the other amounts determined pursuant
38to paragraph (1), the Director of Finance may increase the
39aggregate amount of credit that may be allocated pursuant to this
40section and Section 23689 by up to twenty-five million dollars
P256 1($25,000,000) per fiscal year through the 2017-18 fiscal year. The
2amount of
any increase made pursuant to this paragraph, when
3combined with any increase made pursuant to paragraph (2) of
4subdivision (g) of Section 23689, shall not exceed twenty-five
5million dollars ($25,000,000) per fiscal year through the 2017-18
6fiscal year.
7(B) It is the intent of the Legislature that the Director of Finance
8increase the aggregate amount under subparagraph (A) in order to
9mitigate the reduction of the amount available due to the credit
10allowed to all qualified taxpayers pursuant to subparagraph (A) or
11(B) of paragraph (1) of subdivision (c) of Section 23636.
12(3) Each fiscal year, 25 percent of the aggregate amount of the
13credit that may be allocated pursuant to this section and Section
1423689 shall be reserved for small business, as defined in Section
1517053.73 or
23626.
16(4) Each fiscal year, no more than 20 percent of the aggregate
17amount of the credit that may be allocated pursuant to this section
18shall be allocated to any one taxpayer.
19(h) GO-Biz may prescribe rules and regulations as necessary to
20carry out the purposes of this section. Any rule or regulation
21
prescribed pursuant to this section may be by adoption of an
22emergency regulation in accordance with Chapter 3.5 (commencing
23with Section 11340) of Part 1 of Division 3 of Title 2 of the
24Government Code.
25(i) A written agreement between GO-Biz and a taxpayer with
26respect to the credit authorized by this section shall comply with
27existing law on the date the agreement is executed.
28(j) (1) Upon the effective date of this section, the Department
29of Finance shall estimate the total dollar amount of credits that
30will be claimed under this section with respect to each fiscal year
31from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
32(2) The Franchise Tax Board shall annually provide
to the Joint
33Legislative Budget Committee, by no later than March 1, a report
34of the total dollar amount of the credits claimed under this section
35with respect to the relevant fiscal year. The report shall compare
36the total dollar amount of credits claimed under this section with
37respect to that fiscal year with the department’s estimate with
38respect to that same fiscal year. If the total dollar amount of credits
39claimed for the fiscal year is less than the estimate for that fiscal
P257 1year, the report shall identify options for increasing annual claims
2of the credit so as to meet estimated amounts.
3(k) This section is repealed on December 1, 2025.
Section 23636 of the Revenue and Taxation Code
5 is amended to read:
(a) For each taxable year beginning on or after January
71, 2016, and before January 1, 2031, a qualified taxpayer shall be
8allowed a credit against the “tax,” as defined in Section 23036, in
9an amount equal to 171⁄2 percent of qualified wages paid or incurred
10by the qualified taxpayer during the taxable year to qualified
11full-time employees, subject to the limitations under subdivision
12(c).
13(b) For purposes of this section:
14(1) “Annual full-time equivalent” means either of the following:
15(A) In the case of a qualified full-time employee paid hourly
16qualified wages, “annual full-time equivalent” means the total
17number of hours worked for the qualified taxpayer by the qualified
18full-time employee, not to exceed 2,000 hours per employee,
19divided by 2,000.
20(B) In the case of a salaried qualified full-time employee,
21“annual full-time equivalent” means the total number of weeks
22worked for the qualified taxpayer by the qualified employee
23divided by 52.
24(2) “Qualified full-time employee” means an individual that is
25employed in this state by the qualified taxpayer and satisfies both
26of the following:
27(A) The individual’s services for the qualified taxpayer are
28performed in this state and are at
least 80 percent directly related
29to the qualified taxpayer’s prime contract or subcontract to design,
30test, manufacture property, or otherwise support production of
31property for ultimate use in or as a component of a new advanced
32strategic aircraft for the United States Air Force.
33(B) The individual is paid compensation from the qualified
34taxpayer that satisfies either of the following conditions:
35(i) Is paid qualified wages by the qualified taxpayer for services
36not less than an average of 35 hours per week.
37(ii) Is paid a salary by the qualified taxpayer as compensation
38during the taxable year for full-time employment, within the
39meaning of Section 515 of the Labor Code.
P258 1(3) “Qualified taxpayer” means any taxpayer that is either a
2prime contractor awarded a prime contract or a major first-tier
3subcontractor awarded a subcontract to manufacture property for
4ultimate use in or as a component of a new advanced strategic
5aircraft for the United States Air Force. For purposes of this
6paragraph, the term “prime contractor” means a contractor that
7was awarded a prime contract for the manufacturing of a new
8advanced strategic aircraft for the United States Air Force. For
9purposes of this paragraph, the term “major first-tier subcontractor”
10means a subcontractor that was awarded a subcontract in an amount
11of at least 35 percent of the amount of the initial prime contract
12awarded for the manufacturing of a new advanced strategic aircraft
13for the United States Air Force.
14(4) “Qualified wages” means wages
paid or incurred by the
15qualified taxpayer during the taxable year with respect to qualified
16full-time employees that are direct labor costs, within the meaning
17of Section 263A of the Internal Revenue Code, relating to
18capitalization and inclusion in inventory costs of certain expenses,
19allocable to property manufactured in this state by the qualified
20taxpayer for ultimate use in or as a component of a new advanced
21strategic aircraft for the United States Air Force.
22(5) “New advanced strategic aircraft for the United States Air
23Force” means a new advanced strategic aircraft developed and
24produced for the United States Air Force under the New Advanced
25Strategic Aircraft Program.
26(6) “New Advanced Strategic Aircraft Program” means the
27project to design, test, manufacture, or
otherwise support
28production of a new advanced strategic aircraft for the United
29States Air Force under a contract that is expected to be awarded
30in the first or second calendar quarter of 2015. “New Advanced
31Strategic Aircraft Program” does not include any contract awarded
32prior to August 1, 2014, and does not include a program to upgrade,
33modernize, sustain, or otherwise modify a current United States
34Air Force bomber program, including, but not limited to, the B-52,
35B-1, or B-2 programs.
36(7) “Total annual full-time equivalents” means the number of
37a qualified taxpayer’s qualified full-time employees computed on
38an annual full-time equivalent basis for the taxable year.
P259 1(c) (1) The total aggregate amount of the credit that may be
2allowed to all qualified
taxpayers pursuant to this section shall be
3as follows:
4(A) In years one through five of the credit, the total aggregate
5amount of the credit that may be allowed to all qualified taxpayers
6pursuant to this section shall not exceed twenty- five million dollars
7($25,000,000) per calendar year.
8(B) In years 6 through 10 of the credit, the total aggregate
9amount of the credit that may be allowed to all qualified taxpayers
10pursuant to this section shall not exceed twenty-eight million
11dollars ($28,000,000) per calendar year.
12(C) In years 11 through 15 of the credit, the total aggregate
13amount of the credit that may be allowed to all qualified taxpayers
14pursuant to this section shall not exceed thirty-one million dollars
15($31,000,000)
per calendar year.
16(2) The aggregate number of total annual full-time equivalents
17of all qualified taxpayers with respect to which a credit amount
18may be allowed under this section for a calendar year shall not
19exceed 1,100.
20(3) (A) The Franchise Tax Board shall allocate the credit to the
21qualified taxpayers on a first-come-first-served basis, determined
22by the date the qualified taxpayer’s timely filed original tax return
23is received by the Franchise Tax Board. If the returns of two or
24more qualified taxpayers are received on the same day and the
25amount of credit remaining to be allocated is insufficient to be
26allocated fully to each, the credit remaining shall be allocated to
27those qualified taxpayers on a pro rata basis.
28(B) For purposes of this paragraph, the date a return is received
29shall be determined by the Franchise Tax Board. The determination
30of the Franchise Tax Board as to the date a return is received and
31whether a return has been timely filed for purposes of this
32paragraph may not be reviewed in any administrative or judicial
33proceeding.
34(C) Any disallowance of a credit claimed due to the limitations
35specified in this subdivision shall be treated as a mathematical
36error appearing on the return. Any amount of tax resulting from
37that disallowance may be assessed by the Franchise Tax Board in
38the same manner as provided in Section 19051.
39(4) The credit allowed under this section must be claimed on a
40timely filed original
return.
P260 1(d) In the case where the credit allowed by this section exceeds
2the “tax,” the excess may be carried over to reduce the “tax” in
3the following year, and the seven succeeding years if necessary,
4until the credit is exhausted.
5(e) A credit shall not be allowed unless the credit was reflected
6within the bid upon which the qualified taxpayer’s prime contract
7or subcontract to manufacture property for ultimate use in or as a
8component of a New Advanced Strategic Aircraft Program is based
9by reducing the amount of the bid by a good faith estimate of the
10amount of the credit allowable under this section.
11(f) All references to the credit and ultimate cost reductions
12incorporated into any successful bid that was
awarded a prime
13contract or subcontract and for which a qualified taxpayer is
14making a claim shall be made available to the Franchise Tax Board
15upon request.
16(g) If the qualified taxpayer is allowed a credit pursuant to this
17section for qualified wages paid or incurred, only one credit shall
18be allowed to the taxpayer under this part with respect to any wage
19consisting in whole or in part of those qualified wages.
20(h) (1) The Franchise Tax Board may prescribe regulations
21necessary or appropriate to carry out the purposes of this section.
22(2) The Franchise Tax Board may also prescribe rules,
23guidelines, or procedures necessary or appropriate to carry out the
24purposes of this section. Chapter 3.5
(commencing with Section
2511340) of Part 1 of Division 3 of Title 2 of the Government Code
26shall not apply to any rule, guideline, or procedure prescribed by
27the Franchise Tax Board pursuant to this section.
28(i) This section shall remain in effect only until December 1,
292031, and as of that date is repealed.
Section 23689 of the Revenue and Taxation Code
31 is amended to read:
(a) (1) For each taxable year beginning on and after
33January 1, 2014, and before January 1, 2025, there shall be allowed
34as a credit against the “tax,” as defined in Section 23036, an amount
35as determined by the committee pursuant to paragraph (2) and
36approved pursuant to Section 18410.2.
37(2) The credit under this section shall be allocated by GO-Biz
38with respect to the 2013-14 fiscal year through and including the
392017-18 fiscal year. The amount of credit allocated to a taxpayer
40with respect to a fiscal year pursuant to this section shall be as set
P261 1forth in a written agreement between GO-Biz and the taxpayer and
2shall be based on the following factors:
3(A) The number of jobs the taxpayer will create or retain in this
4state.
5(B) The compensation paid or proposed to be paid by the
6taxpayer to its employees, including wages and fringe benefits.
7(C) The amount of investment in this state by the taxpayer.
8(D) The extent of unemployment or poverty in the area
9according to the United States Census in which the taxpayer’s
10project or business is proposed or located.
11(E) The incentives available to the taxpayer in this state,
12including incentives from the state, local government, and other
13entities.
14(F) The incentives available to the taxpayer in other states.
15(G) The duration of the proposed project and the duration the
16taxpayer commits to remain in this state.
17(H) The overall economic impact in this state of the taxpayer’s
18project or business.
19(I) The strategic importance of the taxpayer’s project or business
20to the state, region, or locality.
21(J) The opportunity for future growth and expansion in this state
22by the taxpayer’s business.
23(K) The extent to which the anticipated benefit to the state
24exceeds the projected benefit to the taxpayer from the tax credit.
25(3) The written agreement entered into pursuant to paragraph
26(2) shall include:
27(A) Terms and conditions that include the taxable year or years
28for which the credit allocated shall be allowed, a minimum
29compensation level, and a minimum job retention period.
30(B) Provisions indicating whether the credit is to be allocated
31in full upon approval or in increments based on mutually agreed
32upon milestones when satisfactorily met by the taxpayer.
33(C) Provisions that allow the committee to recapture the credit,
34in whole or in part, if the taxpayer fails to fulfill the terms and
35conditions of the written agreement.
36(b) For purposes of this section:
37(1) “Committee” means the California Competes Tax Credit
38Committee established pursuant to Section 18410.2.
39(2) “GO-Biz” means the Governor’s Office of Business and
40Economic Development.
P262 1(c) For purposes of this section, GO-Biz shall do the following:
2(1) Give priority to a taxpayer whose project or business is
3located or proposed to be located in an area of high unemployment
4or poverty.
5(2) Negotiate with a taxpayer the terms and conditions of
6proposed written agreements that provide the credit allowed
7pursuant to this section to a taxpayer.
8(3) Provide the negotiated written agreement to the committee
9for its approval pursuant to Section 18410.2.
10(4) Inform the Franchise Tax Board of the terms and conditions
11of the written agreement upon approval of the written agreement
12by the committee.
13(5) Inform the Franchise Tax Board of any recapture, in whole
14or in part, of a previously allocated credit upon approval of the
15recapture by the committee.
16(6) Post on its Internet Web site all of the following:
17(A) The name of each taxpayer allocated a credit pursuant to
18this section.
19(B) The estimated amount of the investment by each taxpayer.
20(C) The estimated number of jobs created or retained.
21(D) The amount of the credit allocated to the taxpayer.
22(E) The amount of the credit recaptured from the taxpayer, if
23applicable.
24(7) When determining whether to enter into a written agreement
25with a taxpayer pursuant to this section, GO-Biz may consider
26other factors, including, but not limited to, the following:
27(A) The financial solvency of the taxpayer and the taxpayer’s
28ability to finance its proposed expansion.
29(B) The taxpayer’s current and prior compliance with federal
30and state laws.
31(C) Current and prior litigation involving the taxpayer.
32(D) The reasonableness of the fee arrangement between the
33taxpayer and any third party providing any services related to the
34credit allowed pursuant to this section.
35(E) Any other factors GO-Biz deems necessary to ensure that
36the administration of the credit allowed pursuant to this section is
37a model of accountability and transparency and that the effective
38use of the limited amount of credit available is maximized.
39(d) For purposes of this section, the Franchise Tax Board shall
40do all of the following:
P263 1(1) (A) Except as provided in subparagraph (B), review the
2books and records of all taxpayers allocated a credit pursuant to
3this section to ensure compliance with the terms and conditions
4of the written agreement between the taxpayer and GO-Biz.
5(B) In the case of a taxpayer that is a “small business,” as
6defined in Section 23626, review the books and records of the
7taxpayer allocated a credit pursuant to this section to ensure
8compliance with the terms and conditions of the written agreement
9between the taxpayer and GO-Biz when, in the sole discretion of
10the Franchise Tax Board, a review of those books and records is
11appropriate or necessary in the best interests of the state.
12(2) Notwithstanding Section 19542:
13(A) Notify GO-Biz of a possible breach of the written agreement
14by a taxpayer and provide detailed information regarding the basis
15for that determination.
16(B) Provide information to GO-Biz with respect to whether a
17taxpayer is a “small business,” as defined in Section 23626.
18(e) In the case where the credit allowed under this section
19exceeds the “tax,” as defined in Section 23036, for a taxable year,
20the excess credit may be carried over to reduce the “tax” in the
21following taxable year, and succeeding five taxable years, if
22necessary, until the credit has been exhausted.
23(f) Any recapture, in whole or in part, of a credit approved by
24the committee
pursuant to Section 18410.2 shall be treated as a
25mathematical error appearing on the return. Any amount of tax
26resulting from that recapture shall be assessed by the Franchise
27Tax Board in the same manner as provided by Section 19051. The
28amount of tax resulting from the recapture shall be added to the
29tax otherwise due by the taxpayer for the taxable year in which
30the committee’s recapture determination occurred.
31(g) (1) The aggregate amount of credit that may be allocated
32in any fiscal year pursuant to this section and Section 17059.2 shall
33be an amount equal to the sum of subparagraphs (A), (B), and (C),
34less the amount specified in subparagraphs (D) and (E):
35(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
36year, one hundred fifty million dollars
($150,000,000) for the
372014-15 fiscal year, and two hundred million dollars
38($200,000,000) for each fiscal year from 2015-16 to 2017-18,
39inclusive.
P264 1(B) The unallocated credit amount, if any, from the preceding
2fiscal year.
3(C) The amount of any previously allocated credits that have
4been recaptured.
5(D) The amount estimated by the Director of Finance, in
6consultation with the Franchise Tax Board and the State Board of
7Equalization, to be necessary to limit the aggregation of the
8estimated amount of exemptions claimed pursuant to Section
96377.1 and of the amounts estimated to be claimed pursuant to
10this section and Sections 17053.73, 17059.2, and 23626 to no more
11than seven hundred fifty million
dollars ($750,000,000) for either
12the current fiscal year or the next fiscal year.
13(i) The Director of Finance shall notify the Chairperson of the
14Joint Legislative Budget Committee of the estimated annual
15allocation authorized by this paragraph. Any allocation pursuant
16to these provisions shall be made no sooner than 30 days after
17written notification has been provided to the Chairperson of the
18Joint Legislative Budget Committee and the chairpersons of the
19committees of each house of the Legislature that consider
20appropriation, or not sooner than whatever lesser time the
21Chairperson of the Joint Legislative Budget Committee, or his or
22her designee, may determine.
23(ii) In no event shall the amount estimated in this subparagraph
24be less than zero dollars ($0).
25(E) (i) For the 2015-16 fiscal year and each fiscal year
26thereafter, the amount of credit estimated by the Director of Finance
27to be allowed to all qualified taxpayers for that fiscal year pursuant
28to subparagraph (A) or subparagraph (B) of paragraph (1) of
29subdivision (c) of Section 23636.
30(ii) If the amount available per fiscal year pursuant to this section
31and Section 17059.2 is less than the aggregate amount of credit
32estimated by the Director of Finance to be allowed to qualified
33taxpayers pursuant to subparagraph (A) or subparagraph (B) of
34paragraph (1) of subdivision (c) of Section 23636, the aggregate
35amount allowed pursuant to Section 23636 shall not be reduced
36and, in addition to the reduction required by clause (i), the
37aggregate amount of credit
that may be allocated pursuant to this
38section and Section 17059.2 for the next fiscal year shall be reduced
39by the amount of that deficit.
P265 1(iii) It is the intent of the Legislature that the reductions specified
2in this subparagraph of the aggregate amount of credit that may
3be allocated pursuant to this section and Section 17059.2 shall
4continue if the repeal dates of the credits allowed by this section
5and Section 17059.2 are removed or extended.
6(2) (A) In addition to the other amounts determined pursuant
7to paragraph (1), the Director of Finance may increase the
8aggregate amount of credit that may be allocated pursuant to this
9section and Section 17059.2 by up to twenty-five million dollars
10($25,000,000) per fiscal year through the 2017-18 fiscal year.
The
11amount of any increase made pursuant to this paragraph, when
12combined with any increase made pursuant to paragraph (2) of
13subdivision (g) of Section 17059.2, shall not exceed twenty-five
14million dollars ($25,000,000) per fiscal year through the 2017-18
15fiscal year.
16(B) It is the intent of the Legislature that the Director of Finance
17increase the aggregate amount under subparagraph (A) in order to
18mitigate the reduction of the amount available due to the credit
19allowed to all qualified taxpayers pursuant to subparagraph (A) or
20(B) of paragraph (1) of subdivision (c) of Section 23636.
21(3) Each fiscal year, 25 percent of the aggregate amount of the
22credit that may be allocated pursuant to this section and Section
2317059.2 shall be reserved for “small business,” as defined in
24Section
17053.73 or 23626.
25(4) Each fiscal year, no more than 20 percent of the aggregate
26amount of the credit that may be allocated pursuant to this section
27shall be allocated to any one taxpayer.
28(h) GO-Biz may prescribe rules and regulations as necessary to
29carry out the purposes of this section. Any rule or regulation
30prescribed pursuant to this section may be by adoption of an
31emergency regulation in accordance with Chapter 3.5 (commencing
32with Section 11340) of Part 1 of Division 3 of Title 2 of the
33Government Code.
34(i) (1) A written agreement between GO-Biz and a taxpayer
35with respect to the credit authorized by this section shall not
36restrict, broaden, or otherwise alter the ability of the taxpayer to
37
assign that credit or any portion thereof in accordance with Section
3823663.
P266 1(2) A written agreement between GO-Biz and a taxpayer with
2respect to the credit authorized by this section must comply with
3existing law on the date the agreement is executed.
4(j) (1) Upon the effective date of this section, the Department
5of Finance shall estimate the total dollar amount of credits that
6will be claimed under this section with respect to each fiscal year
7from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.
8(2) The Franchise Tax Board shall annually provide to the Joint
9Legislative Budget Committee, by no later than March 1, a report
10of the total dollar amount of the credits claimed under this
section
11with respect to the relevant fiscal year. The report shall compare
12the total dollar amount of credits claimed under this section with
13respect to that fiscal year with the department’s estimate with
14respect to that same fiscal year. If the total dollar amount of credits
15claimed for the fiscal year is less than the estimate for that fiscal
16year, the report shall identify options for increasing annual claims
17of the credit so as to meet estimated amounts.
18(k) This section is repealed on December 1, 2025.
Section 30162 of the Streets and Highways Code
20 is amended to read:
If the department is unable to collect any tolls due to
22insolvency of the obligor, or if the cost of collection of any tolls
23would be excessive by reason of the smallness of the amount due,
24the department may apply to the Controller for discharge from
25accountability for the collection thereof in the manner provided
26in Sections 13940 to 13943, inclusive, of the Government Code.
Section 1095 of the Unemployment Insurance Code
28 is amended to read:
The director shall permit the use of any information in
30his or her possession to the extent necessary for any of the
31following purposes and may require reimbursement for all direct
32costs incurred in providing any and all information specified in
33this section, except information specified in subdivisions (a) to
34(e), inclusive:
35(a) To enable the director or his or her representative to carry
36out his or her responsibilities under this code.
37(b) To properly present a claim for benefits.
38(c) To acquaint a worker or his or her authorized agent with his
39or her existing or prospective right
to benefits.
P267 1(d) To furnish an employer or his or her authorized agent with
2information to enable him or her to fully discharge his or her
3obligations or safeguard his or her rights under this division or
4Division 3 (commencing with Section 9000).
5(e) To enable an employer to receive a reduction in contribution
6rate.
7(f) To enable federal, state, or local governmental departments
8or agencies, subject to federal law, to verify or determine the
9eligibility or entitlement of an applicant for, or a recipient of, public
10social services provided pursuant to Division 9 (commencing with
11Section 10000) of the Welfare and Institutions Code, or Part A of
12Subchapter IV of the federal Social Security Act (42 U.S.C. Sec.
13
601 et seq.), when the verification or determination is directly
14connected with, and limited to, the administration of public social
15services.
16(g) To enable county administrators of general relief or
17assistance, or their representatives, to determine entitlement to
18locally provided general relief or assistance, when the
19determination is directly connected with, and limited to, the
20administration of general relief or assistance.
21(h) To enable state or local governmental departments or
22agencies to seek criminal, civil, or administrative remedies in
23connection with the unlawful application for, or receipt of, relief
24provided under Division 9 (commencing with Section 10000) of
25the Welfare and Institutions Code or to enable the collection of
26expenditures for medical assistance services
pursuant to Part 5
27(commencing with Section 17000) of Division 9 of the Welfare
28and Institutions Code.
29(i) To provide any law enforcement agency with the name,
30address, telephone number, birth date, social security number,
31physical description, and names and addresses of present and past
32employers, of any victim, suspect, missing person, potential
33witness, or person for whom a felony arrest warrant has been
34issued, when a request for this information is made by any
35investigator or peace officer as defined by Sections 830.1 and
36830.2 of the Penal Code, or by any federal law enforcement officer
37to whom the Attorney General has delegated authority to enforce
38federal search warrants, as defined under Sections 60.2 and 60.3
39of Title 28 of the Code of Federal Regulations, as amended, and
40when the requesting officer has been designated by
the head of
P268 1the law enforcement agency and requests this information in the
2course of and as a part of an investigation into the commission of
3a crime when there is a reasonable suspicion that the crime is a
4felony and that the information would lead to relevant evidence.
5The information provided pursuant to this subdivision shall be
6provided to the extent permitted by federal law and regulations,
7and to the extent the information is available and accessible within
8the constraints and configurations of existing department records.
9Any person who receives any information under this subdivision
10shall make a written report of the information to the law
11enforcement agency that employs him or her, for filing under the
12normal procedures of that agency.
13(1) This subdivision shall not be construed to authorize the
14release to any law
enforcement agency of a general list identifying
15individuals applying for or receiving benefits.
16(2) The department shall maintain records pursuant to this
17subdivision only for periods required under regulations or statutes
18enacted for the administration of its programs.
19(3) This subdivision shall not be construed as limiting the
20information provided to law enforcement agencies to that pertaining
21only to applicants for, or recipients of, benefits.
22(4) The department shall notify all applicants for benefits that
23release of confidential information from their records will not be
24protected should there be a felony arrest warrant issued against
25the applicant or in the event of an investigation by a law
26enforcement agency into the
commission of a felony.
27(j) To provide public employee retirement systems in California
28with information relating to the earnings of any person who has
29applied for or is receiving a disability income, disability allowance,
30or disability retirement allowance, from a public employee
31retirement system. The earnings information shall be released only
32upon written request from the governing board specifying that the
33person has applied for or is receiving a disability allowance or
34disability retirement allowance from its retirement system. The
35request may be made by the chief executive officer of the system
36or by an employee of the system so authorized and identified by
37name and title by the chief executive officer in writing.
38(k) To enable the Division of Labor Standards Enforcement in
39the
Department of Industrial Relations to seek criminal, civil, or
40administrative remedies in connection with the failure to pay, or
P269 1the unlawful payment of, wages pursuant to Chapter 1
2(commencing with Section 200) of Part 1 of Division 2 of, and
3Chapter 1 (commencing with Section 1720) of Part 7 of Division
42 of, the Labor Code.
5(l) To enable federal, state, or local governmental departments
6or agencies to administer child support enforcement programs
7under Part D of Title IV of the federal Social Security Act (42
8U.S.C. Sec. 651 et seq.).
9(m) To provide federal, state, or local governmental departments
10or agencies with wage and claim information in its possession that
11will assist those departments and agencies in the administration
12of the Victims of Crime Program or
in the location of victims of
13crime who, by state mandate or court order, are entitled to
14restitution that has been or can be recovered.
15(n) To provide federal, state, or local governmental departments
16or agencies with information concerning any individuals who are
17or have been:
18(1) Directed by state mandate or court order to pay restitution,
19fines, penalties, assessments, or fees as a result of a violation of
20law.
21(2) Delinquent or in default on guaranteed student loans or who
22owe repayment of funds received through other financial assistance
23programs administered by those agencies. The information released
24by the director for the purposes of this paragraph shall not include
25unemployment insurance benefit
information.
26(o) To provide an authorized governmental agency with any or
27all relevant information that relates to any specific workers’
28compensation insurance fraud investigation. The information shall
29be provided to the extent permitted by federal law and regulations.
30For the purposes of this subdivision, “authorized governmental
31agency” means the district attorney of any county, the office of
32the Attorney General, the Contractors’ State License Board, the
33Department of Industrial Relations, and the Department of
34Insurance. An authorized governmental agency may disclose this
35information to the State Bar, the Medical Board of California, or
36any other licensing board or department whose licensee is the
37subject of a workers’ compensation insurance fraud investigation.
38This subdivision shall not prevent any authorized governmental
39agency
from reporting to any board or department the suspected
40misconduct of any licensee of that body.
P270 1(p) To enable the Director of Consumer Affairs, or his or her
2representatives, to access unemployment insurance quarterly wage
3data on a case-by-case basis to verify information on school
4administrators, school staff, and students provided by those schools
5who are being investigated for possible violations of Chapter 8
6(commencing with Section 94800) of Part 59 of Division 10 of
7Title 3 of the Education Code.
8(q) To provide employment tax information to the tax officials
9of Mexico, if a reciprocal agreement exists. For purposes of this
10
subdivision, “reciprocal agreement” means a formal agreement to
11exchange information between national taxing officials of Mexico
12and taxing authorities of the State Board of Equalization, the
13Franchise Tax Board, and the Employment Development
14Department. Furthermore, the reciprocal agreement shall be limited
15to the exchange of information that is essential for tax
16administration purposes only. Taxing authorities of the State of
17California shall be granted tax information only on California
18residents. Taxing authorities of Mexico shall be granted tax
19information only on Mexican nationals.
20(r) To enable city and county planning agencies to develop
21economic forecasts for planning purposes. The information shall
22be limited to businesses within the jurisdiction of the city or county
23whose planning agency is requesting the
information, and shall
24not include information regarding individual employees.
25(s) To provide the State Department of Developmental Services
26with wage and employer information that will assist in the
27collection of moneys owed by the recipient, parent, or any other
28legally liable individual for services and supports provided pursuant
29to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
30and Chapter 2 (commencing with Section 7200) and Chapter 3
31(commencing with Section 7500) of Division 7 of, the Welfare
32and Institutions Code.
33(t) To provide the State Board of Equalization with employment
34tax information that will assist in the administration of tax
35programs. The information shall be limited to the exchange of
36employment tax information essential for tax administration
37purposes
to the extent permitted by federal law and regulations.
38(u) Nothing in this section shall be construed to authorize or
39permit the use of information obtained in the administration of this
40code by any private collection agency.
P271 1(v) The disclosure of the name and address of an individual or
2business entity that was issued an assessment that included
3penalties under Section 1128 or 1128.1 shall not be in violation
4of Section 1094 if the assessment is final. The disclosure may also
5include any of the following:
6(1) The total amount of the assessment.
7(2) The amount of the penalty imposed under Section 1128 or
81128.1 that is included in the assessment.
9(3) The facts that resulted in the charging of the penalty under
10Section 1128 or 1128.1.
11(w) To enable the Contractors’ State License Board to verify
12the employment history of an individual applying for licensure
13pursuant to Section 7068 of the Business and Professions Code.
14(x) To provide any peace officer with the Division of
15Investigation in the Department of Consumer Affairs information
16pursuant to subdivision (i) when the requesting peace officer has
17been designated by the chief of the Division of Investigation and
18requests this information in the course of and as part of an
19investigation into the commission of a crime or other unlawful act
20when there is reasonable suspicion to believe that the crime or act
21may
be connected to the information requested and would lead to
22relevant information regarding the crime or unlawful act.
23(y) To enable the Labor Commissioner of the Division of Labor
24Standards Enforcement in the Department of Industrial Relations
25to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
26uninsured employers. The information shall be provided to the
27extent permitted by federal law and regulations.
28(z) To enable the Chancellor of the California Community
29Colleges, in accordance with the requirements of Section 84754.5
30of the Education Code, to obtain quarterly wage data, commencing
31January 1, 1993, on students who have attended one or more
32community colleges, to assess the impact of education on the
33employment and earnings of students, to conduct the annual
34evaluation
of district-level and individual college performance in
35achieving priority educational outcomes, and to submit the required
36reports to the Legislature and the Governor. The information shall
37be provided to the extent permitted by federal statutes and
38regulations.
39(aa) To enable the Public Employees’ Retirement System to
40seek criminal, civil, or administrative remedies in connection with
P272 1the unlawful application for, or receipt of, benefits provided under
2Part 3 (commencing with Section 20000) of Division 5 of Title 2
3of the Government Code.
4(ab) To enable the State Department of Education, the University
5of California, the California State University, and the Chancellor
6of the California Community Colleges, pursuant to the
7requirements prescribed by the federal American Recovery
and
8Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
9wage data, commencing July 1, 2010, on students who have
10attended their respective systems to assess the impact of education
11on the employment and earnings of those students, to conduct the
12annual analysis of district-level and individual district or
13postsecondary education system performance in achieving priority
14educational outcomes, and to submit the required reports to the
15Legislature and the Governor. The information shall be provided
16to the extent permitted by federal statutes and regulations.
17(ac) To provide the Agricultural Labor Relations Board with
18employee, wage, and employer information, for use in the
19investigation or enforcement of the
20Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
21Act of 1975 (Part 3.5 (commencing with Section 1140) of
Division
222 of the Labor Code). The information shall be provided to the
23extent permitted by federal statutes and regulations.
24(ad) (1) To enable the State Department of Health Care
25Services, the California Health Benefit Exchange, the Managed
26Risk Medical Insurance Board, and county departments and
27agencies to obtain information regarding employee wages,
28California employer names and account numbers, employer reports
29of wages and number of employees, and disability insurance and
30unemployment insurance claim information, for the purpose of:
31(A) Verifying or determining the eligibility of an applicant for,
32or a recipient of, state health subsidy programs, limited to the
33Medi-Cal program, provided pursuant to Chapter 7 (commencing
34with Section 14000) of Part 3
of Division 9 of the Welfare and
35Institutions Code, and the Access for Infants and Mothers Program,
36provided pursuant to Part 6.3 (commencing with Section 12695)
37of Division 2 of the Insurance Code, when the verification or
38determination is directly connected with, and limited to, the
39administration of the state health subsidy programs referenced in
40this subparagraph.
P273 1(B) Verifying or determining the eligibility of an applicant for,
2or a recipient of, federal subsidies offered through the California
3Health Benefit Exchange, provided pursuant to Title 22
4(commencing with Section 100500) of the Government Code,
5including federal tax credits and cost-sharing assistance pursuant
6to the federal Patient Protection and Affordable Care Act (Public
7Law 111-148), as amended by the federal Health Care and
8Education Reconciliation Act of 2010
(Public Law 111-152), when
9the verification or determination is directly connected with, and
10limited to, the administration of the California Health Benefit
11Exchange.
12(C) Verifying or determining the eligibility of employees and
13employers for health coverage through the Small Business Health
14Options Program, provided pursuant to Section 100502 of the
15Government Code, when the verification or determination is
16directly connected with, and limited to, the administration of the
17Small Business Health Options Program.
18(2) The information provided under this subdivision shall be
19subject to the requirements of, and provided to the extent permitted
20by, federal law and regulations, including Part 603 of Title 20 of
21the Code of Federal Regulations.
22(ae) To provide any peace officer with the Investigations
23Division of the Department of Motor Vehicles with information
24pursuant to subdivision (i), when the requesting peace officer has
25been designated by the Chief of the Investigations Division and
26requests this information in the course of, and as part of, an
27investigation into identity theft, counterfeiting, document fraud,
28or consumer fraud, and there is reasonable suspicion that the crime
29is a felony and that the information would lead to relevant evidence
30regarding the identity theft, counterfeiting, document fraud, or
31consumer fraud. The information provided pursuant to this
32subdivision shall be provided to the extent permitted by federal
33law and regulations, and to the extent the information is available
34and accessible within the constraints and configurations of existing
35department
records. Any person who receives any information
36under this subdivision shall make a written report of the
37
information to the Investigations Division of the Department of
38Motor Vehicles, for filing under the normal procedures of that
39division.
P274 1(af) Until January 1, 2020, to enable the Department of Finance
2to prepare and submit the report required by Section 13084 of the
3Government Code that identifies all employers in California that
4employ 100 or more employees who receive benefits from the
5Medi-Cal program (Chapter 7 (commencing with Section 14000)
6of Part 3 of Division 9 of the Welfare and Institutions Code). The
7information used for this purpose shall be limited to information
8obtained pursuant to Section 11026.5 of the Welfare and
9Institutions Code and from the administration of personal income
10tax wage withholding pursuant to Division 6 (commencing with
11Section 13000) and the disability insurance program and may be
12
disclosed to the Department of Finance only for the purpose of
13preparing and submitting the report and only to the extent not
14
prohibited by federal law.
15(ag) To provide, to the extent permitted by federal law and
16regulations, the Student Aid Commission with wage information
17in order to verify the employment status of an individual applying
18for a Cal Grant C award pursuant to subdivision (c) of Section
1969439 of the Education Code.
20(ah) To enable the Department of Corrections and Rehabilitation
21to obtain quarterly wage data of former inmates who have been
22incarcerated within the prison system in order to assess the impact
23of rehabilitation services or the lack of these services on the
24employment and earnings of these former inmates. Quarterly data
25for a former inmate’s employment status and wage history shall
26be provided for a period of one year, three years, and five years
27following
release. The data shall only be used for the purpose of
28tracking outcomes for former inmates in order to assess the
29
effectiveness of rehabilitation strategies on the wages and
30employment histories of those formerly incarcerated. The
31information shall be provided to the department to the extent not
32prohibited by federal law.
33(ai) To enable federal, state, or local government departments
34or agencies, or their contracted agencies, subject to federal law,
35including the confidentiality, disclosure, and other requirements
36set forth in Part 603 of Title 20 of the Code of Federal Regulations,
37to evaluate, research, or forecast the effectiveness of public social
38services programs administered pursuant to Division 9
39(commencing with Section 10000) of the Welfare and Institutions
40Code, or Part A of Subchapter IV of Chapter 7 of the federal Social
P275 1Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation,
2research, or forecast is directly
connected with, and limited to, the
3administration of the public social services programs.
4(aj) To enable the California Workforce Development Board,
5the Chancellor of the California Community Colleges, the
6Superintendent of Public Instruction, the Department of
7Rehabilitation, the State Department of Social Services, the Bureau
8for Private Postsecondary Education, the Department of Industrial
9Relations, the Division of Apprenticeship Standards, and the
10Employment Training Panel to access any relevant quarterly wage
11data necessary for the evaluation and reporting of their respective
12program performance outcomes as required and permitted by
13various state and federal laws pertaining to performance
14measurement and program evaluation under the federal Workforce
15Innovation and Opportunity Act (Public Law 113-128); the
16workforce
performance metrics dashboard pursuant to paragraph
17(1) of subdivision (i) of Section 14013; the Adult Education Block
18Grant Program consortia performance metrics pursuant to Section
1984920 of the Education Code; the economic and workforce
20development program performance measures pursuant to Section
2188650 of the Education Code; and the California Community
22Colleges Economic and Workforce Development Program
23performance measures established in Part 52.5 (commencing with
24Section 88600) of Division 7 of Title 3 of the Education Code.
Section 14013 of the Unemployment Insurance
26Code is amended to read:
The board shall assist the Governor in the following:
28(a) Promoting the development of a well-educated and highly
29skilled 21st century workforce.
30(b) Developing, implementing, and modifying the State Plan.
31The State Plan shall serve as the comprehensive framework and
32coordinated plan for the aligned investment of all federal and state
33workforce training and employment services funding streams and
34programs. To the extent feasible and when appropriate, the state
35plan should reinforce and work with adult education and career
36technical education efforts that are responsive to labor market
37trends.
38(c) The review of statewide policies, of statewide programs,
39and of recommendations on actions that should be taken by the
40state to align workforce, education, training, and employment
P276 1funding programs in the state in a manner that supports a
2comprehensive and streamlined workforce development system
3in the state, including the review and provision of comments on
4the State Plan, if any, for programs and activities of one-stop
5partners that are not core programs.
6(d) Developing and continuously improving the statewide
7workforce investment system, including:
8(1) The identification of barriers and means for removing
9barriers to better coordinate, align, and avoid duplication among
10the programs and activities carried out through the system.
11(2) The development of strategies to support the use of career
12pathways for the purpose of providing individuals, including
13low-skilled adults, youth, and individuals with barriers to
14employment, and including individuals with disabilities, with
15workforce investment activities, education, and supportive services
16to enter or retain employment. To the extent permissible under
17state and federal laws, these policies and strategies should support
18linkages between kindergarten and grades 1 to 12, inclusive, and
19community college educational systems in order to help secure
20educational and career advancement. These policies and strategies
21may be implemented using a sector strategies framework and
22should ultimately lead to placement in a job providing economic
23security or job placement in an entry-level job that has a
24well-articulated career
pathway or career ladder to a job providing
25economic security.
26(3) The development of strategies for providing effective
27outreach to and improved access for individuals and employers
28who could benefit from services provided through the workforce
29development system.
30(4) The development and expansion of strategies for meeting
31the needs of employers, workers, and jobseekers, particularly
32through industry or sector partnerships related to in-demand
33industry sectors and occupations, including policies targeting
34resources to competitive and emerging industry sectors and industry
35clusters that provide economic security and are either high-growth
36sectors or critical to California’s economy, or both. These industry
37sectors and clusters shall have significant economic impacts on
38the
state and its regional and workforce development needs and
39have documented career opportunities.
P277 1(5) Recommending adult and dislocated worker training policies
2and investments that offer a variety of career opportunities while
3upgrading the skills of California’s workforce. These may include
4training policies and investments pertaining to any of the following:
5(A) Occupational skills training, including training for
6nontraditional employment.
7(B) On-the-job training.
8(C) Incumbent worker training in accordance with Section
93174(d)(4) of Title 29 of the United States Code.
10(D) Programs that combine
workplace training with related
11instruction, which may include cooperative education programs.
12(E) Training programs operated by the private sector.
13(F) Skill upgrading and retraining.
14(G) Entrepreneurial training.
15(H) Transitional jobs in accordance with Section 3174 (d)(5)
16of Title 29 of the United States Code.
17(I) Job readiness training provided in combination with any of
18the services described in subparagraphs (A) to (H), inclusive.
19(J) Adult education and literacy activities provided in
20combination with any of the services described in
subparagraphs
21(A) to (G), inclusive.
22(K) Customized training conducted with a commitment by an
23employer or group of employers to employ an individual upon
24successful completion of the training.
25(e) The identification of regions, including planning regions,
26for the purposes of Section 3121(a) of Title 29 of the United States
27Code, and the designation of local areas under Section 3121 of
28Title 29 of the United States Code, after consultation with local
29boards and chief elected officials.
30(f) The development and continuous improvement of the
31one-stop delivery system in local areas, including providing
32assistance to local boards, one-stop operators, one-stop partners,
33and providers with planning and delivering
services, including
34training services and supportive services, to support effective
35delivery of services to workers, job seekers, and employers.
36(g) Recommending strategies to the Governor for strategic
37training investments of the Governor’s 15-percent discretionary
38funds.
P278 1(h) Developing strategies to support staff training and awareness
2across programs supported under the workforce development
3system.
4(i) The development and updating of comprehensive state
5performance accountability measures, including state adjusted
6
levels of performance, to assess the effectiveness of the core
7programs in the state as required under Section 3141(b) of Title
829 of the United States Code. As part of this process the board
9shall do all of the following:
10(1) Develop a workforce metrics dashboard, to be updated
11annually, that measures the state’s human capital investments in
12workforce development to better understand the collective impact
13of these investments on the labor market. The workforce metrics
14dashboard shall be produced using existing available data and
15resources that are currently collected and accessible to state
16agencies. The board shall convene workforce program partners to
17develop a standardized set of inputs and outputs for the workforce
18metrics dashboard. The workforce metrics dashboard shall do all
19of the following:
20(A) Provide a status report on credential attainment, training
21completion, degree attainment, and participant earnings from
22workforce education and training programs. The board shall publish
23and distribute the final report.
24(B) Provide demographic breakdowns, including, to the extent
25possible, race, ethnicity, age, gender, veteran status, wage and
26credential or degree outcomes, and information on workforce
27outcomes in different industry sectors.
28(C) Measure, at a minimum and to the extent feasible with
29existing resources, the performance of the following workforce
30programs: community college career technical education, the
31Employment Training Panel, Title I and Title II of the federal
32Workforce Investment Act of 1998,
Trade Adjustment Assistance,
33and state apprenticeship programs.
34(D) Measure participant earnings in California, and to the extent
35feasible, in other states. The Employment Development Department
36shall assist the board by calculating aggregated participant earnings
37using unemployment insurance wage records, without violating
38any applicable confidentiality requirements.
39(2) The State Department of Education is hereby authorized to
40collect the social security numbers of adults participating in adult
P279 1education programs so that accurate participation in those programs
2can be represented in the report card. However, an individual shall
3not be denied program participation if he or she refuses to provide
4a social security number. The State Department of Education shall
5keep this
information confidential, except, the State Department
6of Education is authorized to share this information,
unless
7prohibited by federal law, with the Employment Development
8Department, who shall keep the information confidential and use
9it only to track the labor market outcomes of program participants
10in compliance with all applicable state and federal laws and
11mandates, including all performance reporting requirements under
12the Workforce Innovation and Opportunity Act.
13(3) (A) Participating workforce programs, as specified in
14subparagraph (C) of paragraph (1), shall provide participant data
15in a standardized format to the Employment Development
16Department.
17(B) The Employment Development Department shall aggregate
18data provided by participating workforce programs and shall report
19the data, organized by demographics,
earnings, and industry of
20employment, to the board to assist the board in producing the
21annual workforce metrics dashboard.
22(j) The identification and dissemination of information on best
23practices, including best practices for all of the following:
24(1) The effective operation of one-stop centers, relating to the
25use of business outreach, partnerships, and service delivery
26strategies, including strategies for serving individuals with barriers
27to employment.
28(2) The development of effective local boards, which may
29include information on factors that contribute to enabling local
30boards to exceed negotiated local levels of performance, sustain
31fiscal integrity, and achieve other measures of effectiveness.
32(3) Effective training programs that respond to real-time labor
33market analysis, that effectively use direct assessment and prior
34learning assessment to measure an individual’s prior knowledge,
35skills, competencies, and experiences, and that evaluate such skills,
36and competencies for adaptability, to support efficient placement
37into employment or career pathways.
38(k) The development and review of statewide policies affecting
39the coordinated provision of services through the state’s one-stop
40delivery system described in Section 3151(e) of Title 29 of the
P280 1United States Code, including the development of all of the
2following:
3(1) Objective criteria and procedures for use by local boards in
4assessing the effectiveness and
continuous improvement of
5one-stop centers described in Section 3151(e) of Title 29 of the
6United States Code.
7(2) Guidance for the allocation of one-stop center infrastructure
8funds under Section 3151(h) of Title 29 of the United States Code.
9(3) Policies relating to the appropriate roles and contributions
10of entities carrying out one-stop partner programs within the
11one-stop delivery system, including approaches to facilitating
12equitable and efficient cost allocation in such a system.
13(l) The development of strategies for technological
14improvements to facilitate access to, and improve the quality of,
15services and activities provided through the one-stop delivery
16system, including such improvements to all of the
following:
17(1) Enhance digital literacy skills, as defined in Section 9101
18of Title 20 of the United States Code, referred to in this division
19as “digital literacy skills.”
20(2) Accelerate the acquisition of skills and recognized
21postsecondary credentials by participants.
22(3) Strengthen the professional development of providers and
23workforce professionals.
24(4) Ensure the technology is accessible to individuals with
25disabilities and individuals residing in remote areas.
26(m) The development of strategies for aligning technology and
27data systems across one-stop partner programs to enhance service
28delivery
and improve efficiencies in reporting on performance
29accountability measures, including the design and implementation
30of common intake, data collection, case management information,
31and performance accountability measurement and reporting
32processes and the incorporation of local input into such design and
33implementation, to improve coordination of services across
34one-stop partner programs.
35(n) The development of allocation formulas for the distribution
36of funds for employment and training activities for adults, and
37youth workforce investment activities, to local areas as permitted
38under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
39States Code.
P281 1(o) The preparation of the annual reports described in paragraphs
2(1) and (2) of Section 3141(d) of Title 29 of the
United States
3Code.
4(p) The development of the statewide workforce and labor
5market information system described in Section 49l-2(e) of Title
629 of the United States Code.
7(q) The development of such other policies as may promote
8statewide objectives for, and enhance the performance of, the
9workforce development system in the state.
10(r) Helping individuals with barriers to employment, including
11low-skill, low-wage workers, the long-term unemployed, and
12members of single-parent households, achieve economic security
13and upward mobility by implementing policies that encourage the
14attainment of marketable skills relevant to current labor market
15trends.
Section 1752.81 of the Welfare and Institutions
17Code is amended to read:
(a) Whenever the Director of the Division of Juvenile
19Justice has in his or her possession in trust funds of a ward
20committed to the division, the funds may be released for any
21purpose when authorized by the ward. When the sum held in trust
22for any ward by the director exceeds five hundred dollars ($500),
23the amount in excess of five hundred dollars ($500) may be
24expended by the director pursuant to a lawful order of a court
25directing payment of the funds, without the authorization of the
26ward thereto.
27(b) Whenever an adult or minor is committed to or housed in a
28Division of Juvenile Facilities facility and he or she owes a
29restitution fine imposed pursuant to Section 13967 of the
30Government
Code, as operative on or before September 28, 1994,
31or Section 1202.4 or 1203.04 of the Penal Code, as operative on
32or before August 2, 1995, or pursuant to Section 729.6, 730.6 or
33731.1, as operative on or before August 2, 1995, the director shall
34deduct the balance owing on the fine amount from the trust account
35deposits of a ward, up to a maximum of 50 percent of the total
36amount held in trust, unless prohibited by federal law. The director
37shall transfer that amount to the California Victim Compensation
38Board for deposit in the Restitution Fund in the State Treasury.
39Any amount so deducted shall be credited against the amount
P282 1owing on the fine. The sentencing court shall be provided a record
2of the payments.
3(c) Whenever an adult or minor is committed to, or housed in,
4a Division of Juvenile Facilities facility and he or she owes
5restitution
to a victim imposed pursuant to Section 13967 of the
6Government Code, as operative on or before September 28, 1994,
7or Section 1202.4 or 1203.04 of the Penal Code, as operative on
8or before August 2, 1995, or pursuant to Section 729.6, 730.6, or
9731.1, as operative on or before August 2, 1995, the director shall
10deduct the balance owing on the order amount from the trust
11account deposits of a ward, up to a maximum of 50 percent of the
12total amount held in trust, unless prohibited by federal law. The
13director shall transfer that amount directly to the victim. If the
14restitution is owed to a person who has filed an application with
15the Victims of Crime Program, the director shall transfer that
16amount to the California Victim Compensation Board for direct
17payment to the victim or payment shall be made to the Restitution
18Fund to the extent that the victim has received assistance pursuant
19to that
program. The sentencing court shall be provided a record
20of the payments made to victims and of the payments deposited
21to the Restitution Fund pursuant to this subdivision.
22(d) Any compensatory or punitive damages awarded by trial or
23settlement to a minor or adult committed to the Division of Juvenile
24Facilities in connection with a civil action brought against any
25federal, state, or local jail or correctional facility, or any official
26or agent thereof, shall be paid directly, after payment of reasonable
27attorney’s fees and litigation costs approved by the court, to satisfy
28any outstanding restitution orders or restitution fines against the
29minor or adult. The balance of any award shall be forwarded to
30the minor or adult committed to the Division of Juvenile Facilities
31after full payment of all outstanding restitution orders and
32restitution
fines subject to subdivision (e). The Division of Juvenile
33Facilities shall make all reasonable efforts to notify the victims of
34the crime for which the minor or adult was committed concerning
35the pending payment of any compensatory or punitive damages.
36This subdivision shall apply to cases settled or awarded on or after
37April 26, 1996, pursuant to Sections 807 and 808 of Title VIII of
38the federal Prison Litigation Reform Act of 1995 (P.L. 104-134;
3918 U.S.C. Sec. 3626 (Historical and Statutory Notes)).
P283 1(e) The director shall deduct and retain from the trust account
2deposits of a ward, unless prohibited by federal law, an
3administrative fee that totals 10 percent of any amount transferred
4pursuant to subdivision (b) and (c), or 5 percent of any amount
5transferred pursuant to subdivision (d). The director shall deposit
6the administrative fee
moneys in a special deposit account for
7reimbursing administrative and support costs of the restitution and
8victims program of the Division of Juvenile Facilities. The director,
9at his or her discretion, may retain any excess funds in the special
10deposit account for future reimbursement of the division’s
11administrative and support costs for the restitution and victims
12program or may transfer all or part of the excess funds for deposit
13in the Restitution Fund.
14(f) When a ward has both a restitution fine and a restitution
15order from the sentencing court, the Division of Juvenile Facilities
16shall collect the restitution order first pursuant to subdivision (c).
17(g) Notwithstanding subdivisions (a), (b), and (c), whenever the
18director holds in trust a ward’s funds in excess of five dollars
($5)
19and the ward cannot be located, after one year from the date of
20discharge, absconding from the Division of Juvenile Facilities
21supervision, or escape, the Division of Juvenile Facilities shall
22apply the trust account balance to any unsatisfied victim restitution
23order or fine owed by that ward. If the victim restitution order or
24fine has been satisfied, the remainder of the ward’s trust account
25balance, if any, shall be transferred to the Benefit Fund to be
26expended pursuant to Section 1752.5. If the victim to whom a
27particular ward owes restitution cannot be located, the moneys
28shall be transferred to the Benefit Fund to be expended pursuant
29to Section 1752.5.
Section 1752.82 of the Welfare and Institutions
31Code is amended to read:
(a) Whenever an adult or minor is committed to or
33housed in a Youth Authority facility and he or she owes restitution
34to a victim or a restitution fine imposed pursuant to Section 13967,
35as operative on or before September 28, 1994, of the Government
36Code, or Section 1202.4 of the Penal Code, or Section 1203.04,
37as operative on or before August 2, 1994, of the Penal Code, or
38pursuant to Section 729.6, as operative on or before August 2,
391995, Section 730.6 or 731.1, as operative on or before August 2,
401995, the director may deduct a reasonable amount not to exceed
P284 150 percent from the wages of that adult or minor and the amount
2so deducted, exclusive of the costs of administering this section,
3which
shall be retained by the director, shall be transferred to the
4California Victim Compensation Board for deposit in the
5Restitution Fund in the State Treasury in the case of a restitution
6fine, or, in the case of a restitution order, and upon the request of
7the victim, shall be paid directly to the victim. Any amount so
8deducted shall be credited against the amount owing on the fine
9or to the victim. The committing court shall be provided a record
10of any payments.
11(b) A victim who has requested that restitution payments be
12paid directly to him or her pursuant to subdivision (a) shall provide
13a current address to the Youth Authority to enable the Youth
14Authority to send restitution payments collected on the victim’s
15behalf to the victim.
16(c) In the case of a restitution order,
whenever the victim has
17died, cannot be located, or has not requested the restitution
18payment, the director may deduct a reasonable amount not to
19exceed 50 percent of the wages of that adult or minor and the
20amount so deducted, exclusive of the costs of administering this
21section, which shall be retained by the director, shall be transferred
22to the California Victim Compensation Board, pursuant to
23subdivision (d), after one year has elapsed from the time the ward
24is discharged by the Youth Authority Board. Any amount so
25deducted shall be credited against the amount owing to the victim.
26The funds so transferred shall be deposited in the Restitution Fund.
27(d) If the Youth Authority has collected restitution payments
28on behalf of a victim, the victim shall request those payments no
29later than one year after the ward has been discharged by
the Youth
30Authority Board. Any victim who fails to request those payments
31within that time period shall have relinquished all rights to the
32payments, unless he or she can show reasonable cause for failure
33to request those payments within that time period.
34(e) The director shall transfer to the California Victim
35Compensation Board all restitution payments collected prior to
36the effective date of this section on behalf of victims who have
37died, cannot be located, or have not requested restitution payments.
38The California Victim Compensation Board shall deposit these
39amounts in the Restitution Fund.
P285 1(f) For purposes of this section, “victim” includes a victim’s
2immediate surviving family member, on whose behalf restitution
3has been
ordered.
Section 4461 of the Welfare and Institutions Code
5 is amended to read:
(a) All expenses incurred in returning such persons to
7other states shall be paid by this state, the person, or his or her
8relatives, but the expense of returning residents of this state shall
9be borne by the state making the returns.
10(b) The cost and expense incurred in effecting the transportation
11of the nonresident persons to the states in which they have
12residence shall be advanced from the funds appropriated for that
13purpose or, if necessary, from the money appropriated for the care
14of developmentally disabled persons upon vouchers approved by
15the
Department of General Services.
Section 11212 of the Welfare and Institutions Code
17 is amended to read:
(a) The state, through the county welfare department,
19shall reimburse the foster parent or foster parents for the cost of
20the burial plot and funeral expenses incurred for any child who,
21at the time of death, is receiving foster care, as defined in Section
2211251, to the extent that the foster parent or foster parents are not
23otherwise reimbursed for costs incurred for those purposes.
24(b) The state, through the county welfare department, shall pay
25the burial costs and funeral expenses directly to the funeral home
26and the burial plot owner when either one of the following
27conditions exists:
28(1) The foster parent or foster parents request the direct payment.
29(2) The child’s death is due to alleged criminal negligence or
30other alleged criminal action on the part of the foster parent or
31foster parents.
32(c) The foster parent, or the funeral home and burial plot
33provider, shall file a claim for reimbursement of costs with the
34county welfare department at the time and in the manner specified
35by the department. The county welfare department shall pay the
36claims in an amount not to exceed the level of reimbursement
37allowed by the California Victim Compensation Board for burial
38costs and funeral expenses under its Victims of Violent Crimes
39program, which is contained in Article 1 (commencing with Section
4013959) of Chapter 5 of Part 4 of Division 3 of Title 2 of
the
P286 1Government Code. Claims for the burial costs and funeral expenses
2for a foster child shall be paid out of funds appropriated annually
3to the department for those purposes.
Section 14171.5 of the Welfare and Institutions
5Code is amended to read:
Any institutional provider of health care services that
7obtained reimbursement under this chapter to which it is not
8entitled shall be subject to the following interest charges or
9penalties:
10(a) When it is established upon audit that the provider has
11claimed payments under this chapter to which it is not entitled, the
12provider shall pay, in addition to the amount improperly received,
13interest at the rate specified by subdivision (h) of Section 14171.
14(b) When it is established upon audit that the provider claimed
15payments related to services or costs that the department had
16previously notified the
provider in an audit report that the costs or
17services were not reimbursable, the provider shall pay in addition
18to the amount improperly claimed, a penalty of 10 percent of the
19amount improperly claimed after this notice, plus the cost of the
20audit. In addition, interest shall be assessed at the rate specified in
21subdivision (h) of Section 14171. Providers who wish to preserve
22appeal rights or to challenge the department’s positions regarding
23appeal issues, may claim the cost or services and not be reimbursed
24therefor if they are identified and presented separately on the cost
25report.
26(c) When it is established that the provider fraudulently claimed
27and received payments under this chapter, the provider shall pay
28a penalty of 25 percent of the amount improperly claimed, plus
29the cost of the audit, in addition to the amount thereof. In
addition,
30interest will be assessed at the rate specified by subdivision (h) of
31Section 14171. A fraudulent claim is a claim upon which the
32provider has been convicted of fraud upon the program. Nothing
33in this section shall prevent the imposition of any other civil or
34criminal penalties to which the provider may be liable.
35(d) Appeals to action taken in subdivisions (a), (b), and (c) of
36Section 14171.5 above are subject to the administrative appeals
37process provided by Section 14171.
38(e) Penalties paid by providers under subdivisions (a), (b), and
39(c) of Section 14171.5 are not reimbursable by the program.
P287 1(f) As used in this section, “the cost of the audit” includes actual
2hourly wages, travel, and incidental expenses at
rates allowable
3by Department of General Services rules, and applicable overhead
4costs.
Section 14171.6 of the Welfare and Institutions
6Code is amended to read:
(a) (1) Any provider, as defined in paragraph (3),
8that obtains reimbursement under this chapter to which it is not
9entitled shall be subject to interest charges or penalties as specified
10in this section.
11(2) When it is established upon audit that the provider has not
12received reimbursement to which the provider is entitled, the
13department shall pay the provider interest assessed at the rate, and
14in the manner, specified in subdivision (g) of Section 14171.
15(3) For purposes of this section, “provider” means any provider,
16as defined in Section 14043.1.
17(b) When it is established upon audit that the provider has
18claimed payments under this chapter to which it is not entitled, the
19provider shall pay, in addition to the amount improperly received,
20interest at the rate specified by subdivision (h) of Section 14171.
21(c) (1) When it is established upon audit that the provider
22claimed payments related to services or costs that the department
23had previously notified the provider in an audit report that the costs
24or services were not reimbursable, the provider shall pay, in
25addition to the amount improperly claimed, a penalty of 10 percent
26of the amount improperly claimed after receipt of the notice, plus
27the cost of the audit.
28(2) In addition to the penalty
and costs specified by paragraph
29(1), interest shall be assessed at the rate specified in subdivision
30(h) of Section 14171.
31(3) Providers that wish to preserve appeal rights or to challenge
32the department’s positions regarding appeal issues may claim the
33costs or services and not be reimbursed therefor if they are
34identified and presented separately on the cost report.
35(d) (1) When it is established that the provider fraudulently
36claimed and received payments under this chapter, the provider
37shall pay, in addition to that portion of the claim that was
38improperly claimed, a penalty of 300 percent of the amount
39improperly claimed, plus the cost of the audit.
P288 1(2) In addition to the penalty and costs
specified by paragraph
2(1), interest shall be assessed at the rate specified by subdivision
3(h) of Section 14171.
4(3) For purposes of this subdivision, a fraudulent claim is a
5claim upon which the provider has been convicted of fraud upon
6the Medi-Cal program.
7(e) Nothing in this section shall prevent the imposition of any
8other civil or criminal penalties to which the provider may be
9liable.
10(f) Any appeal to any action taken pursuant to subdivision (b),
11(c), or (d) is subject to the administrative appeals process provided
12by Section 14171.
13(g) As used in this section, “cost of the audit” includes actual
14hourly wages, travel, and incidental expenses
at rates allowable
15by rules adopted by the Department of General Services and
16applicable overhead costs that are incurred by employees of the
17state in administering this chapter with respect to the performance
18of audits.
19(h) This section shall not apply to any clinic licensed pursuant
20to subdivision (a) of Section 1204 of the Health and Safety Code,
21clinics exempt from licensure under Section 1206 of the Health
22and Safety Code, health facilities licensed under Chapter 2
23(commencing with Section 1250) of Division 2 of the Health and
24Safety Code, or to any provider that is operated by a city, county,
25or school district.
Section 15634 of the Welfare and Institutions Code
27 is amended to read:
(a) No care custodian, clergy member, health
29practitioner, mandated reporter of suspected financial abuse of an
30elder or dependent adult, or employee of an adult protective
31services agency or a local law enforcement agency who reports a
32known or suspected instance of abuse of an elder or dependent
33adult shall be civilly or criminally liable for any report required
34or authorized by this article. Any other person reporting a known
35or suspected instance of abuse of an elder or dependent adult shall
36not incur civil or criminal liability as a result of any report
37authorized by this article, unless it can be proven that a false report
38was made and the person knew that the report was false. No person
39required to make a report pursuant to this article,
or any person
40taking photographs at his or her discretion, shall incur any civil or
P289 1criminal liability for taking photographs of a suspected victim of
2abuse of an elder or dependent adult or causing photographs to be
3taken of such a suspected victim or for disseminating the
4photographs with the reports required by this article. However,
5this section shall not be construed to grant immunity from this
6liability with respect to any other use of the photographs.
7(b) No care custodian, clergy member, health practitioner,
8mandated reporter of suspected financial abuse of an elder or
9dependent adult, or employee of an adult protective services agency
10or a local law enforcement agency who, pursuant to a request from
11an adult protective services agency or a local law enforcement
12agency investigating a report of known or suspected abuse of an
13elder
or dependent adult, provides the requesting agency with
14access to the victim of a known or suspected instance of abuse of
15an elder or dependent adult, shall incur civil or criminal liability
16as a result of providing that access.
17(c) The Legislature finds that, even though it has provided
18immunity from liability to persons required to report abuse of an
19elder or dependent adult, immunity does not eliminate the
20possibility that actions may be brought against those persons based
21upon required reports of abuse. In order to further limit the financial
22hardship that those persons may incur as a result of fulfilling their
23legal responsibilities, it is necessary that they not be unfairly
24burdened by legal fees incurred in defending those actions.
25Therefore, a care custodian, clergy member, health practitioner,
26or an employee of an adult protective
services agency or a local
27law enforcement agency may present to the
Department of General
28Services a claim for reasonable attorneys’ fees incurred in any
29action against that person on the basis of making a report required
30or authorized by this article if the court has dismissed the action
31upon a demurrer or motion for summary judgment made by that
32person, or if he or she prevails in the action. The Department of
33General Services shall allow that claim if the requirements of this
34subdivision are met, and the claim shall be paid from an
35appropriation to be made for that purpose. Attorneys’ fees awarded
36pursuant to this section shall not exceed an hourly rate greater than
37the rate charged by the Attorney General at the time the award is
38made and shall not exceed an aggregate amount of fifty thousand
39dollars ($50,000). This subdivision shall not apply if a public entity
P290 1has provided for the defense of the action pursuant to Section 995
2of the
Government Code.
(a) It is the intent of the Legislature that any capitol
4building annex project undertaken pursuant to Article 5.2
5(commencing with Section 9112) of Chapter 1.5 of Part 1 of
6Division 2 of Title 2 of the Government Code incorporate elements
7complementary to the historic capitol, elements to make it efficient
8and sustainable, and historic elements from the existing capitol
9building annex.
10(b) It is further the intent of the Legislature that any state capitol
11building annex be designed as a working capitol for the public to
12effectively engage with their elected representatives and their state
13government.
14(c) It is further the intent of the Legislature that the eastern
15façade of the historic state capitol building be restored as part of
16any project that includes demolition of the existing capitol building
17annex.
The intent of the Legislature in amending Sections
1917059.2 and 23689 of the Revenue and Taxation Code is to
20construe and clarify the meaning and effect of existing law that
21provides the Governor’s Office of Business and Economic
22Development with the authority and discretion to negotiate tax
23credit agreements, to ensure the administration of the credit
24allowed pursuant to those sections is a model of accountability
25and transparency, and to ensure that the effective use of the limited
26tax credit available pursuant to those sections is maximized.
The sum of one billion three hundred million dollars
29($1,300,000,000) is hereby transferred, upon direction of the
30Director of Finance to the Controller, from the General Fund to
31the State Project Infrastructure Fund established by Section 14692
32of the Government Code according to the following schedule:
33(a) One billion dollars ($1,000,000,000) on or after July 1, 2016,
34but no later than June 30, 2017.
35(b) Three hundred million dollars ($300,000,000) on or after
36July 1, 2017.
No reimbursement is required by this act pursuant
39to Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P291 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
This act is a bill providing for appropriations related
9to the Budget Bill within the meaning of subdivision (e) of Section
1012 of Article IV of the California Constitution, has been identified
11as related to the budget in the Budget Bill, and shall take effect
12immediately.
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