BILL NUMBER: AB 656 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 25, 2011
AMENDED IN SENATE AUGUST 16, 2011
AMENDED IN SENATE JULY 1, 2011
AMENDED IN SENATE JUNE 23, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Huber
FEBRUARY 16, 2011
An act to repeal Article 5 (commencing with Section 14380) of
Chapter 3 of Division 5 of the Financial Code, to amend Section
4351 of the Food and Agricultural Code, to amend Sections
8164.1, 8164.2, 8164.3, and 11121.1 of the Government Code, to amend
Sections 62.9, 63.6, 71.4, 71.7, 72.6, 76.5, and 76.6 of, to amend
the heading of Division 1 (commencing with Section 30) of, to repeal
Sections 31 and 704 of, and to repeal Chapter 3 (commencing with
Section 80) of Division 1 of, the Harbors and Navigation Code,
to amend Sections 1777, 1777.2, and 1777.4 of the Health
and Safety Code, and to amend Sections 5073.5, 5073.7, and
5074 of the Public Resources Code, relating to committees and
commissions.
LEGISLATIVE COUNSEL'S DIGEST
AB 656, as amended, Huber. Committees and commissions: repeal.
(1) Existing law establishes the Credit Union Advisory Committee
in the Department of Financial Institutions. The duties of this
committee include advising the commissioner and the Deputy
Commissioner of Financial Institutions for the Division of Credit
Unions on matters relating to credit unions and the credit union
business.
Existing law establishes the Boating and Waterways Commission in
the Department of Boating and Waterways. The duties of this committee
include advising the department, recommending proposed changes to
regulations, and causing studies and surveys to be made of the need
for small craft harbors and connecting waterways throughout the
state.
Existing law establishes the Joint Sunset Review Committee, which
consists of 5 members from each house of the Legislature, to identify
and eliminate waste, duplication, and inefficiency in government
agencies. Existing law requires each eligible agency, as defined,
that is scheduled for repeal, to submit to the committee an agency
report, as provided. Existing law requires the committee to evaluate
the agency prior to the date the agency is scheduled to be repealed.
This bill would, as of January 1, 2014, abolish the Credit Union
Advisory Committee and the Boating and Waterways Commission and the
duties and responsibilities carried out by each. The bill would make
these changes operative with respect to each entity only if, prior to
January 1, 2014, a review of that entity is conducted by the Joint
Sunset Review Committee and the Joint Sunset Review Committee has
notified the Secretary of State of this review.
(2) Existing law establishes the State Race Track Leasing
Commission and repeals the commission on January 1, 2013.
This bill would delete the repeal date, thereby indefinitely
extending the existence of the commission.
(2)
(3) Existing law establishes the Capitol Area Committee
, the Continuing Care Advisory Committee, and the
California Recreational Trails Committee. Existing law repeals these
commissions and committees on January 1, 2013.
This bill would provide that the repeal date would not take effect
unless, prior to January 1, 2013, the particular commission or
committee has been reviewed by the Joint Sunset Review Committee and
that committee has notified the Secretary of State of this review.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 5 (commencing with Section 14380) of Chapter 3
of Division 5 of the Financial Code is repealed.
SEC. 2. Section 4351 of the Food and
Agricultural Code is amended to read:
4351. (a) There is hereby
created the State Race Track Leasing Commission which shall be
composed of the Director of Food and Agriculture, the Director of
Finance, and the Director of General Services and three individuals,
appointed by the Governor, who are members of the Board of Directors
of the 22nd District Agricultural Association. The Director of
Finance shall serve as chairperson of the commission. All meetings of
the commission shall be open and public.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 2. SEC. 3. Section 8164.1 of
the Government Code is amended to read:
8164.1. There is in state government a Capitol Area Committee
consisting of nine members who shall be appointed in the following
manner:
(a) Four members of the committee shall be appointed by the
Governor of which at least one member shall be appointed from a list
of three candidates submitted by the City of Sacramento and at least
one member shall be appointed from a list of three candidates
submitted by the County of Sacramento. Two members shall be appointed
for a term expiring December 31, 1979, and two for a term expiring
December 31, 1981.
(b) Two members shall be appointed by the Speaker of the Assembly,
one of whom may be a Member of the Assembly, and two members shall
be appointed by the Senate Rules Committee, one of whom may be a
Member of the Senate. Legislative members of the committee shall meet
and, except as otherwise provided by the Constitution, advise the
department to the extent that the advisory participation is not
incompatible with their respective positions as Members of the
Legislature. Of the four appointments by the Legislature, two shall
be appointed for a term expiring December 31, 1979, and two for a
term expiring December 31, 1981.
(c) One shall be appointed by and serve at the pleasure of the
director.
Subsequent appointments pursuant to subdivisions (a) and (b) shall
be for terms of four years, ending on December 31st
31 of the fourth year after the end of the prior
term, except that appointments to fill vacancies occurring for any
reason other than the expiration of the term shall be for the
unexpired portion of the term in which they occur. The members of the
board shall hold office until their successors are appointed and
qualify.
The members of the committee shall not receive compensation from
the state for their services under this article but, when called to
attend a meeting of the committee, shall be reimbursed for their
actual and necessary expenses incurred in connection with the meeting
in accordance with the rules of the Department of Personnel
Administration.
(d) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 and the Joint Sunset Review Committee has notified
the Secretary of State of this review.
SEC. 3. SEC. 4. Section 8164.2 of
the Government Code is amended to read:
8164.2. (a) The committee shall elect a chairperson. The
committee shall meet at least quarterly or upon the call of the
chairperson or the written request of any three members.
(b) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 and the Joint Sunset Review Committee has notified
the Secretary of State of this review.
SEC. 4. SEC. 5. Section 8164.3 of
the Government Code is amended to read:
8164.3. (a) It is the purpose of the committee to independently
review the reports of the department to the Legislature and counsel
and advise the department in the carrying out of its responsibilities
related to the Capitol Area Plan. The committee may submit separate
comments on the departmental reports on the Capitol Area Plan to the
Legislature. The committee shall involve a broad cross section of
interested citizens in the form of an advisory body. The advisory
body shall serve without compensation.
(b) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 and the Joint Sunset Review Committee has notified
the Secretary of State of this review.
SEC. 5. SEC. 6. Section 11121.1 of
the Government Code is amended to read:
11121.1. As used in this article, "state body" does not include
any of the following:
(a) State agencies provided for in Article VI of the California
Constitution.
(b) Districts or other local agencies whose meetings are required
to be open to the public pursuant to the Ralph M. Brown Act (Chapter
9 (commencing with Section 54950) of Part 1 of Division 2 of Title
5).
(c) State agencies provided for in Article IV of the California
Constitution whose meetings are required to be open to the public
pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2
(commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2
of Title 2).
(d) State agencies when they are conducting proceedings pursuant
to Section 3596.
(e) State agencies provided for in Section 109260 of the Health
and Safety Code, except as provided in Section 109390 of the Health
and Safety Code.
SEC. 6. SEC. 7. The heading of
Division 1 (commencing with Section 30) of the Harbors and Navigation
Code is amended to read:
DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS
SEC. 7. SEC. 8. Section 31 of the
Harbors and Navigation Code is repealed.
SEC. 8. SEC. 9. Section 62.9 of the
Harbors and Navigation Code is amended to read:
62.9. Upon request, the department shall make available to
persons owning or operating small craft harbors, information
concerning the following:
(a) The maintenance and improvement of existing small craft harbor
facilities.
(b) The application of new technical materials and concepts.
(c) The preparation of feasibility reports, environmental impact
reports, permits, and other steps required to develop new small craft
harbor facilities.
SEC. 9. SEC. 10. Section 63.6 of the
Harbors and Navigation Code is amended to read:
63.6. (a) (1) On or before January 15 of each odd-numbered year,
the director shall make a report to the Legislature and the Governor
covering the operations of the department for the preceding biennium.
(2) With respect to Article 5 (commencing with Section 76), the
report shall include all of the following:
(A) The total amount of loans made in each of the two fiscal years
immediately preceding the preparation and submission of the report.
(B) For each recipient of a loan during each of the two fiscal
years immediately preceding the preparation and submission of the
report, the recipient's name, the location of the marina for which
the loan was made, and the amount of the loan.
(C) The financial status of each loan.
(D) Any legislative recommendations.
(3) The report shall also include the status of the department's
activities related to the monitoring of rates pursuant to Section
71.4 and subdivision (d) of Section 76.7.
(4) The report shall also include an evaluation of the public
participation in the personal watercraft education course developed
by the department pursuant to subdivision (b) of Section 668.3 and a
determination of the effect of the course on personal watercraft
safety in California.
(b) The department shall also make any special reports that are
requested by the Secretary of Resources or the Governor.
SEC. 10. SEC. 11. Section 71.4 of
the Harbors and Navigation Code is amended to read:
71.4. (a) (1) The department, subject to the approval of the
Legislature in accordance with Section 85.2, may make loans to
qualified cities, counties, or districts having power to acquire,
construct, and operate small craft harbors, for the design, planning,
acquisition, construction, improvement, maintenance, or operation of
small craft harbors and facilities in connection with the harbors,
and connecting waterways, if the department finds that the project is
feasible.
(2) The minimum annual rate of interest charged by the department
for a loan shall be set annually based on the Pooled Money Investment
Account interest rate.
(b) The department shall establish, by rules and regulations,
policies and standards to be followed in making loans pursuant to
this section so as to further the proper development and maintenance
of a statewide system of small craft harbors and connecting
waterways. To the greatest extent possible, the department shall
adhere to customary commercial practices to ensure that loans made
pursuant to this section are adequately secured and that the loans
are repaid consistent with the terms of the loan agreement. Any rules
and regulations shall include policies and standards for restrooms,
vessel pumpout facilities, oil recycling facilities, and receptacles
for the purpose of separating, reusing, or recycling all solid waste
materials.
(c) The department shall develop weighing and ranking criteria to
qualify and prioritize the public loans.
(d) A loan under this section shall be repaid as provided in
Section 70.
(e) Rates to be charged for the use of the boating facilities
shall be established by the city, county, or district, subject to the
approval of the department, in every loan contract. The department
shall concern itself with the rates charged only as prescribed in
Section 71.8. The rates set shall be based on a monthly berthing
charge, and the department shall monitor these rates to ensure that
the berthing charges are sufficient to ensure timely and complete
repayment of the loan.
(f) The department shall submit any project for which it
recommends any loan be made to the Governor for inclusion in the
Budget Bill.
(g) The department may restate an existing loan under this
article, upon written request by the borrower.
SEC. 11. SEC. 12. Section 71.7 of
the Harbors and Navigation Code is amended to read:
71.7. Notwithstanding any other provision of this chapter, or any
contract or agreement to the contrary, loan payments on the loan on
behalf of Spud Point Marina in the County of Sonoma, as authorized by
Schedule (b)(8) of Item 3680-101-516 of Section 2.00 of the Budget
Act of 1982, and administered by the department, may be renegotiated
by the department and the County of Sonoma to solve the fiscal
problems involving the marina existing on the effective date of this
section as enacted during the 1994 portion of the 1993-94 Regular
Session.
SEC. 12. SEC. 13. Section 72.6 of
the Harbors and Navigation Code is amended to read:
72.6. Transfers pursuant to Section 70, loans pursuant to Section
71.4, and grants pursuant to Section 72.5 shall be made by the
department.
SEC. 13. SEC. 14. Section 76.5 of
the Harbors and Navigation Code is amended to read:
76.5. In processing applications under this article, the
department shall give priority to applications from qualified private
marina owners who have not received previous loans from the
department.
SEC. 14. SEC. 15. Section 76.6 of
the Harbors and Navigation Code is amended to read:
76.6. Loans made under this article shall include, but are not
limited to, the following terms and conditions:
(a) The minimum annual rate of interest charged by the department
for a loan shall be set annually at a rate equal to 1 percent per
annum plus the prime or base rate of interest.
(b) The department shall require collateral in a minimum amount of
110 percent of the loan.
(c) The repayment period of a loan shall not exceed 20 years, or
be longer than the length of the borrower's leasehold estate,
including renewal options, if the loan is based upon a leasehold
estate of the borrower.
(d) All loans shall amortize the principal over the term of the
loan. However, a loan shall become due and payable in full if the
borrower sells or otherwise transfers the recreational marina
developed with departmental funds, unless the transfer is, by reason
of the death of the borrower, to the borrower's heirs.
(e) The department's loans shall not be subordinated to any future
loans obtained by a private marina owner, except in those cases
involving loans acquired for refinancing previous senior loans.
(f) The department may allow assumption of loans from the original
borrower by future parties, subject to completion of the application
process and upon approval by the department.
(g) The department may, upon written request by the borrower,
restate an existing loan.
SEC. 15. SEC. 16. Chapter 3
(commencing with Section 80) of Division 1 of the Harbors and
Navigation Code is repealed.
SEC. 16. SEC. 17. Section 704 of the
Harbors and Navigation Code is repealed.
SEC. 17. Section 1777 of the Health and Safety
Code is amended to read:
1777. (a) The Continuing Care Advisory Committee of the
department shall act in an advisory capacity to the department on
matters relating to continuing care contracts.
(b) The members of the committee shall include:
(1) Three representatives of nonprofit continuing care providers
pursuant to this chapter, each of whom shall have offered continuing
care services for at least five years prior to appointment. One
member shall represent a multifacility provider and shall be
appointed by the Governor in even years. One member shall be
appointed by the Senate Committee on Rules in odd years. One member
shall be appointed by the Speaker of the Assembly in odd years.
(2) Three senior citizens who are not eligible for appointment
pursuant to paragraphs (1) and (4) who shall represent consumers of
continuing care services, all of whom shall be residents of
continuing care retirement communities but not residents of the same
provider. One senior citizen member shall be appointed by the
Governor in even years. One senior citizen member shall be appointed
by the Senate Committee on Rules in odd years. One senior citizen
member shall be appointed by the Speaker of the Assembly in odd
years.
(3) A certified public accountant with experience in the
continuing care industry, who is not a provider of continuing care
services. This member shall be appointed by the Governor in even
years.
(4) A representative of a for-profit provider of continuing care
contracts pursuant to this chapter. This member shall be appointed by
the Governor in even years.
(5) An actuary. This member shall be appointed by the Governor in
even years.
(6) One representative of residents of continuing care retirement
communities appointed by the senior citizen representatives on the
committee.
(7) One representative of either nonprofit or for-profit providers
appointed by the representatives of nonprofit and for-provider
providers on the committee.
(c) Commencing January 1, 1997, all members shall serve two-year
terms and be appointed based on their interest and expertise in the
subject area. The Governor shall designate the chairperson for the
committee with the advice and consent of the Senate. A member may be
reappointed at the pleasure of the appointing power. The appointing
power shall fill all vacancies on the committee within 60 days. All
members shall continue to serve until their successors are appointed
and qualified.
(d) The members of the committee shall serve without compensation,
except that each member shall be paid from the Continuing Care
Provider Fee Fund a per diem of twenty-five dollars ($25) for each
day's attendance at a meeting of the committee not to exceed six days
in any month. The members of the committee shall also receive their
actual and necessary travel expenses incurred in the course of their
duties. Reimbursement of travel expenses shall be at rates not to
exceed those applicable to comparable state employees under
Department of Personnel Administration regulations.
(e) Prior to commencement of service, each member shall file with
the department a statement of economic interest and a statement of
conflict of interest pursuant to Article 3 (commencing with Section
87300) of the Government Code.
(f) If, during the period of appointment, any member no longer
meets the qualifications of subdivision (b), that member shall submit
his or her resignation to their appointing power and a qualified new
member shall be appointed by the same power to fulfill the remainder
of the term.
(g) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 of the Government Code and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
SEC. 18. Section 1777.2 of the Health and
Safety Code is amended to read:
1777.2. (a) The Continuing Care Advisory Committee shall:
(1) Review the financial and managerial condition of continuing
care retirement communities operating under a certificate of
authority.
(2) Review the financial condition of any continuing care
retirement community that the committee determines is indicating
signs of financial difficulty and may be in need of close
supervision.
(3) Monitor the condition of those continuing care retirement
communities that the department or the chair of the committee may
request.
(4) Make available consumer information on the selection of
continuing care contracts and necessary contract protections in the
purchase of continuing care contracts.
(5) Review new applications regarding financial, actuarial, and
marketing feasibility as requested by the department.
(b) The committee shall make recommendations to the department
regarding needed changes in its rules and regulations and upon
request provide advice regarding the feasibility of new continuing
care retirement communities and the correction of problems relating
to the management or operation of any continuing care retirement
community. The committee shall also perform any other advisory
functions necessary to improve the management and operation of
continuing care retirement communities.
(c) The committee may report on its recommendations directly to
the director of the department.
(d) The committee may hold meetings, as deemed necessary to the
performance of its duties.
(e) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 of the Government Code and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
SEC. 19. Section 1777.4 of the Health and
Safety Code is amended to read:
1777.4. (a) Any member of the Continuing Care Advisory Committee
is immune from civil liability based on acts performed in his or her
official capacity. Costs of defending civil actions brought against a
member for acts performed in his or her official capacity shall be
borne by the complainant. However, nothing in this section immunizes
any member for acts or omissions performed with malice or in bad
faith.
(b) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 of the Government Code and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
SEC. 20. SEC. 18. Section 5073.5 of
the Public Resources Code is amended to read:
5073.5. (a) The Governor shall establish a California
Recreational Trails Committee to advise the director in the
development and coordination of the system. The committee shall
consist of seven members appointed by the Governor. Two members shall
be selected from the northern, two members from the southern, and
two members from the central portions of the state, and one member
shall be selected at large. Members shall be selected from lists
submitted by private organizations that have a demonstrated interest
in the establishment of recreation trails. The chair of the committee
shall be elected by the members from their membership.
(b) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 of the Government Code and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
SEC. 21. SEC. 19. Section 5073.7 of
the Public Resources Code is amended to read:
5073.7. (a) The terms of the members of the committee shall be
four years, except that such members first appointed to the committee
shall classify themselves by lot so that the term of three members
shall expire January 15, 1976, the term of two members shall expire
January 15, 1977, and the term of two members shall expire January
15, 1978.
Members of the committee shall serve without compensation, but
shall be reimbursed for actual and necessary expenses, including
traveling expenses, incurred in the performance of their duties.
(b) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 of the Government Code and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
SEC. 22. SEC. 20. Section 5074 of
the Public Resources Code is amended to read:
5074. The committee shall have the following powers and duties:
(a) Coordinate trail planning and development among cities,
counties, and districts. In carrying out this responsibility, the
committee shall review records of easements and other interests in
lands which are available for recreational trail usage, including
public lands, utility easements, other rights-of-way, gifts, or
surplus public lands which may be adaptable for such use, and shall
advise the director in the development of standards for trail
construction so that uniform construction standards may be available
to cities, counties, and districts.
(b) Advise the director in the preparation and maintenance of the
plan.
(c) Study the problems and opportunities presented by the use of
private property for recreational trail use and advise the director
on measures to mitigate undesirable aspects of such usage.
(d) (1) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
(2) The repeal date in paragraph (1) shall not take effect unless,
prior to January 1, 2013, the committee has been reviewed by the
Joint Sunset Review Committee pursuant to subdivisions (c) and (d) of
Section 9147.7 of the Government Code and the Joint Sunset Review
Committee has notified the Secretary of State of this review.
SEC. 23. SEC. 21. (a) Sections
1 and 5 1, 3, 4, 5, and 6 of this act
shall become operative on January 1, 2014, only if a review of the
Credit Union Advisory Committee is conducted by the Joint Sunset
Review Committee pursuant to subdivisions (c) and (d) of Section
9147.7 of the Government
Code prior to January 1, 2014, and the Joint Sunset Review Committee
has notified the Secretary of State of this review.
(b) Sections 6 to 16 7 to 17 ,
inclusive, of this act shall become operative on January 1, 2014,
only if a review of the Boating and Waterways Commission is conducted
by the Joint Sunset Review Committee pursuant to subdivisions (c)
and (d) of Section 9147.7 of the Government Code prior to January 1,
2014, and the Joint Sunset Review Committee has notified the
Secretary of State of this review.