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#BlackLivesMatter

AB 12

  • California Assembly Bill
  • 2009-2010, 4th Special Session
  • Introduced in Assembly
  • Passed Assembly Jul 09, 2009
  • Passed Senate Jul 23, 2009
  • Governor

State government.

Bill Subjects

State Government.

Abstract

(1) Existing law, operative July 1, 2009, provides that, notwithstanding any other provision of law and in lieu of any license fee payable to the state prescribed for or referred to in specified provisions of the Horse Racing Law, any association or fair that conducts a racing meeting shall pay a license fee to the state to fund the California Horse Racing Board and the equine drug testing program, as provided. This bill would instead require any association or fair to pay its proportional amount, as determined by the formula devised by the board in consultation with the industry, as a license fee to the state, to be deposited into the Horse Racing Fund, which the bill would establish, to fund the board and the equine drug testing program, as provided. (2) Existing law, operative until June 30, 2009, provides that if the total amount paid to the state as license fees by racing associations and fairs is less than $40,000,000 in any calendar year, all associations and fairs that conducted live racing during the year of the shortfall shall remit to the state, on a pro rata basis according to the amount paid as license fees by each association or fair, the amount necessary to bring the total amount paid to the state as license fees to $40,000,000. This bill would provide that in lieu of all amounts payable prior to July 1, 2009, as shortfall amounts, the sum of $5,500,000 shall be paid by racing associations and fairs from the amount available for commissions, purses, and breeder awards, as determined by the board, into the State Treasury to the credit of the Fair and Exposition Fund over a period of 6 years, as provided. The bill would require the proportionate share to be paid by each racing association and fair and the method of payment to be determined by a formula approved by the board in consultation with the industry. By imposing new requirements on licensees under the Horse Racing Law, the violation of which would be a crime under other provisions of existing law, this bill would create a new crime and thereby impose a state-mandated local program. Because this bill would require the above funds to be deposited into a continuously appropriated fund, the Fair and Exposition Fund, the bill would make an appropriation. (3) The California Small Business Financial Development Corporation Law authorizes the formation of small business financial development corporations to grant loans or loan guarantees for the purpose of stimulating small business development. The California Small Business Expansion Fund, which is created under that law, provides funds to be used to pay for defaulted loan guarantees and administrative costs of these corporations, among other investments. Existing law authorizes moneys in that fund to be paid out to a lending institution or financial company that will act as trustee of the funds, as specified. This bill would make state money, as defined, in the California Small Business Expansion Fund and the trust fund unavailable for new loans, loan guarantees, or other investments and would require state money not needed to guarantee existing loans, to administer existing loans, or for other existing investments, as determined by the Director of Finance, to revert to the General Fund. (4) Existing law establishes various student financial aid programs under the administration of the Student Aid Commission, and establishes eligibility requirements for the receipt of awards under those programs for participating students attending qualifying institutions. Existing law establishes the Military Department, which includes the California National Guard, the State Military Reserve, and the Naval Militia, to perform various duties regarding the state militia. This bill would establish the California National Guard Education Assistance Award Program on behalf of qualifying members of the California National Guard, the State Military Reserve, and the Naval Militia under the administration of the commission. The bill would require the Student Aid Commission, in consultation with the Military Department, to adopt emergency rules and regulations for the purpose of implementing the program. The bill would require the Student Aid Commission to report annually to the Legislature regarding program participation. The bill would require the Legislative Analyst, on or before January 1, 2016, to prepare and submit to the Legislature a report on the program. The bill would provide that the program would become operative only if funds are appropriated for the purposes of the program. The bill would also provide that implementation of the program would be contingent upon the receipt of federal funds. The program would become inoperative on July 1, 2019, and would be repealed on January 1, 2020. (5) The California Emergency Services Act provides for the assessment of certain state agency costs on utilities operating certain nuclear powerplants, and the deposit of those moneys into, and the appropriation and allocation of moneys from, the Nuclear Planning Assessment Special Account. The amounts available for disbursement are adjusted and compounded each fiscal year by the percentage increase in the California Consumer Price Index of the previous calendar year. These provisions become inoperative on July 1, 2019, and are repealed on January 1, 2020. This bill would instead make these adjustments based on the percentage increase in the California Consumer Price Index of the previous fiscal year. (6) Existing law authorizes the creation of state agencies, departments, and other entities within state government. This bill would prohibit, except as provided, the provision of automatic increases to the University of California, California State University, the State Courts, or to state agency operations. (7) Existing law requires the State Chief Information Officer to produce an annual information technology strategic plan. This bill would additionally require the State Chief Information Officer to produce an annual information technology report with specified information to be provided to the Joint Legislative Budget Committee. (8) Existing law requires the Controller to install and operate a uniform state payroll system for all state agencies, except the California Exposition and State Fair and the University of California, in conformance with a prescribed accounting system. Existing law prohibits pay dates under that accounting system from being more than 10 calendar days following the close of the payroll period for monthly salaried employees and more than 15 calendar days following the close of the payroll period for semimonthly and biweekly payroll systems. Existing law provides that for the purposes of financial reporting, a payable exists when services have been delivered and the state is required to pay for those services, and an encumbrance exists when a valid obligation against an appropriation has been created. This bill would require, on and after January 1, 2010, that payments to employees made through the Uniform State Payroll System for a pay period ending on June 30 of each year shall be on or after July 1, provided that employees shall, in any event, be paid promptly. The bill would require that payments to employees made in July through the Uniform State Payroll System for services rendered prior to June 30 of each year be considered payable in the fiscal year in which the warrant is issued. The bill would except from this provision payments made in July for purposes of calculating maintenance of effort expenditures under Section 8 of Article XVI of the California Constitution and other calculations of funds used by a program in the fiscal year, and would permit them to be counted towards the prior fiscal year. (9) The Public Employees' Medical and Hospital Care Act requires that premiums charged for enrollment in a health benefit program reasonably reflect the cost of the benefits, provided that this does not limit the Board of Administration of the Public Employees' Retirement System from adjusting premiums charged under any health benefit plan or contract to reflect regional variations in providing services, which adjustments are at the sole discretion of the board. This bill would authorize the board to use reserves generated by one or more self-funded health benefit plans to reduce the premiums charged for enrollment in one or more separate self-funded health benefit plans offered by the board, as specified. (10) Existing law establishes, until December 31, 2011, the Rural Health Care Equity Program for the purpose of funding the subsidization and reimbursement of premium costs, deductibles, coinsurance, and other out-of-pocket health care expenses paid by employees living in rural areas, as specified. Existing law provides that the operation of the program is contingent upon funding in the annual Budget Act or another statute. Existing law provides that moneys remaining in an account of the program at the end of any fiscal year shall remain in the account for use in subsequent fiscal years, until the account is terminated and requires that moneys remaining in a program account upon its termination be deposited in the General Fund. State Bargaining Unit 5 has a labor contract with the state that is operative until July 2, 2010. This bill would provide that, contingent on funding in the annual Budget Act or another statute, the Rural Health Care Equity Program operates solely for the benefit of State Bargaining Unit 5. The bill would terminate operation of the program on July 3, 2010. The bill would require that any moneys that remain in the accounts of the program on July 1, 2009, other than moneys attributable to employees in State Bargaining Unit 5 on that date, be deposited in the General Fund. The bill would provide that, on and after July 3, 2010, benefits of the program would cease to be available to employees in State Bargaining Unit 5, and would require any moneys remaining in the accounts of the program be deposited in the General Fund. The bill would also make technical, corrective, and conforming changes to these provisions. (11) Existing law requires the local fire authority or the State Fire Marshal to conduct a facility reinspection upon request of a prospective community care facility licensee and authorizes the primary enforcement agency to assess reinspection fees not to exceed $50 for a facility with a capacity to serve 25 or fewer and fees not to exceed $100 for a facility with a capacity to serve 26 or more. This bill would, instead, authorize the assessed fees to equal, but not exceed, the actual cost of the reinspection services. (12) Existing law establishes the right of victims to be notified by the district attorney's office, in cases that involve a violent felony, as defined, or in the event of a homicide, the victim's next of kin, of a pending pretrial disposition before a change of plea is entered before a judge. Existing law provides that a victim of any felony may request to be notified, by the district attorney's office, of a pretrial disposition. The Victims' Bill of Rights Act of 2008: Marcy's Law established, within the California Constitution, that victims, as defined, shall be entitled to certain rights, including the right, upon request, to be notified of and informed before any pretrial disposition of a case. This bill would amend statutory language to conform the notification rights of victims found in statute to the notification rights provided in the Constitution pursuant to the Victims' Bill of Rights Act of 2008: Marcy's Law. (13) Under existing law, the Employee Housing Act requires that buildings used for human habitation, and buildings accessory thereto, comply with the building standards in the California Building Standards Code relating to employee housing, as defined. Existing law requires the Department of Housing and Community Development to gather and include specified information in an annual report for all employee housing owner and operator permeates for which it acts as the enforcement agency. This bill would, from July 1, 2009, to June 30, 2012, inclusive, suspend the requirement that the department gather and include specified information in its annual report. (14) Under existing law, the department is required to establish a schedule of fees to pay for the cost of administration and enforcement of the Employee Housing Act. This bill would require the department to establish a schedule of fees that includes, but is not limited to, specified minimum permit fees. The bill would authorize the department, on or after January 1, 2010, to increase these specified fees, if necessary, to finance the costs of administration and enforcement of the act. (15) Existing law requires the California Housing Finance Agency to administer the California Homebuyer's Downpayment Assistance Program for the purpose of assisting first-time low- and moderate-income home buyers utilizing existing mortgage financing. Under the program, the amount of the downpayment assistance is due and payable at the end of the term or upon sale of or refinancing of the home. This bill would authorize the agency, in its discretion, to permit the downpayment assistance loan to be subordinated to refinancing if it determines that certain criteria have been met. The bill would authorize the agency to permit subordination on terms and conditions as it determines are reasonable. (16) Existing law provides for the existence of the State Compensation Insurance Fund for the purpose of transacting workers' compensation insurance, insurance against the expense of defending any suit for serious and willful misconduct against an employer or his or her agent, and insurance to employees and other persons of the compensation fixed by the workers' compensation laws for employees and their dependents. This bill would authorize the Director of Finance, acting as agent for the state, to sell a portion of or otherwise obtain value for the State Compensation Insurance Fund assets and liabilities. It would provide that this sale or other disposition shall be transacted with an entity that the director, in consultation with the Treasurer, determines will meet specified conditions. It would require that the Board of Directors of the State Compensation Insurance Fund concur that the assets and liabilities identified by the Director of Finance are appropriate for disposition. This bill would specify the procedures applicable to the sale or other disposition of these assets and liabilities, and would require that the proceeds of any sale or any proceeds achieved through any other disposition of workers' compensation assets and liabilities, less transaction costs, be deposited into the General Fund. It would require the Director of Finance to notify the Joint Legislative Budget Committee in writing upon determining that neither the sale nor any other transaction authorized by this bill is anticipated to achieve the purposes of the bill or upon the completion of a disposition of assets and liabilities pursuant to these provisions. (17) Existing law creates a Seismic Safety Account within the Insurance Fund, which may be appropriated by the Legislature to fund the Department of Insurance and the Seismic Safety Commission, as specified. Existing law imposes an assessment upon certain insurers to fund the account. This provision was repealed on July 1, 2009. This bill would restore the provisions relating to the Seismic Safety Account and extend its operation until July 1, 2012. (18) The Mobilehome Parks Act requires the payment of a fee of $11 to the Department of Housing and Development at the time of original registration or renewal of registration for each transportable section of a manufactured home, mobilehome, or commercial coach that is subject to annual renewal, and, for a manufactured home, mobilehome, or truck camper that is not subject to annual renewal, at the time of original registration and upon application for specified subsequent changes. The act also requires the payment of a fee of $30 for each original application for registration of a floating home and for specified subsequent changes. This bill would raise to $23 the fee for the original registration or renewal of registration for each transportable section of a manufactured home, mobilehome, or commercial coach that is subject to annual renewal, and, for a manufactured home, mobilehome, or truck camper that is not subject to annual renewal, the fee for original registration and specified subsequent changes. The bill would also raise the fee for each original application for registration of a floating home and for specified subsequent changes to $42. (19) The Mobilehome Parks Act, until January 1, 2012, requires an annual operating permit fee of $25 and an additional $2 per lot, as specified. This bill would, until that same date, instead impose an annual operating permit fee of $140 and an additional $7 per lot, as specified. (20) The Mobilehome Parks Act, beginning January 1, 2012, requires an annual operating permit fee of $25 and an additional $2 per lot or camping party, as specified, and a temporary recreational vehicle park operating permit fee of $25, with no additional fee per lot. This bill would, beginning January 1, 2012, instead impose an annual operating permit fee of $140 and an additional $7 per lot, as specified, and would eliminate the fee for a temporary recreational vehicle park operating permit. (21) Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Under existing law, the division enforces specified provisions of law relating to private employment. This bill would establish the Labor Enforcement and Compliance Fund in the State Treasury. The bill would provide that moneys in the fund may be expended by the department, upon appropriation by the Legislature, for the support of the activities that the division performs pursuant to specified provisions of law. The bill would require the Director of the Department of Industrial Relations to levy a separate surcharge upon all employers, as defined, for purposes of deposit in the Labor Enforcement and Compliance Fund. The bill would require that the total amount of the surcharges be allocated between employers in proportion to payroll respectively paid in the most recent year for which payroll information is available, and would require the director to adopt reasonable regulations governing the manner of collection of the surcharges. (22) Existing law authorizes the California State Mediation and Conciliation Service (CSMCS) within the Department of Industrial Relations to investigate and mediate labor disputes. This bill would authorize the Director of Industrial Relations to collect reimbursement for the services provided by CSMCS and would require the director to adopt regulations to implement these provisions. (23) Under existing law, workers' compensation is the exclusive remedy of a disaster service worker, or his or her dependents, for injury or death arising out of, and in the course of, his or her activities as a disaster service worker. Under that law, no compensation may be paid or furnished to a disaster service worker or the worker's dependent except from money appropriated for the purpose of furnishing compensation to disaster service workers and their dependents. Liability for the payment or furnishing of compensation is dependent upon and limited to the availability of money so appropriated. This bill would instead provide that workers' compensation may not be paid or furnished to a disaster service worker absent an initial appropriation of funds for that purpose, and that if appropriated funds are not available, the State Compensation Insurance Fund may provide compensation to an eligible claimant whose injuries have previously either been accepted or found to be compensable by the Workers' Compensation Appeals Board. The bill would require the California Emergency Management Agency to reimburse the fund when an appropriation becomes available. (24) Existing law provides for certain services, protections, and benefits for veterans. This bill would require that any entity, or other entities with which it subcontracts, that receives specified funding from the federal Workforce Investment Act of 1998, as provided in the 2009 Budget Act, identified for use for veterans, meet specified criteria, as prescribed. (25) Existing law provides for the establishment and operation of the Veterans' Home of California at various sites for aged and disabled veterans who meet certain eligibility requirements. Existing law establishes the total individual member's fees and charges for any fiscal year based on the level of care, which may not be greater than a specified percentage of the member's annual income or a flat amount, whichever is less. This bill would eliminate the requirement that the member's fees and charges for any fiscal year be the lesser of a percentage of the member's annual income or a flat amount, and instead prohibit the total of the member's fees and charges for any fiscal year to be greater than a certain percentage of the member's annual income. This bill would prohibit the total of the member's fees and charges for any fiscal year, for domiciliary care, to be greater than 4712%, and, for residential care for the elderly or assisted living, to be greater than 55%, of the member's annual income. This bill would require nonveteran spouses who become members of the home on or after July 1, 2009, to pay fees and charges based on the level of care, as specified, or an amount equal to the annual amount of federal per diem received for a veteran member in domiciliary care, whichever is greater, as provided. (26) The Bradley-Burns Uniform Local Sales and Use Tax Law and the Transactions and Use Tax Law authorize local governmental agencies to impose sales and use taxes in modified conformity to state sales and use taxes and authorize the State Board of Equalization to impose charges in administering those local taxes. Existing law requires, beginning with the 2006–07 fiscal year, that the amount charged to each local governmental agency be determined in accordance with a methodology described in a specified report by the State Board of Equalization, as provided. This bill would, for the 2008–09 fiscal year to the 2014–15 fiscal year, inclusive, provide that the amounts determined in accordance with the methodology described in a specified report by the State Board of Equalization shall not include specified revenues. (27) Existing law establishes the Employment Training Panel (EPT) in the Employment Development Department, and prescribes the membership and functions and duties of the ETP. This bill would require the panel to establish the Partnership for Workforce Recovery Training (PWRT) for the purpose of supporting and implementing the workforce development goals set forth in the federal American Recovery and Reinvestment Act of 2009 (ARRA) . The bill would require the panel to develop and publish guidelines for implementing the PWRT, as specified. The bill would authorize the panel to allocate funds it receives pursuant to the federal Workforce Investment Act of 1998 and the ARRA to support the activities of the PWRT, in accordance with specified requirements. The bill would require that any funds made available to the panel pursuant to those federal statutes be deposited into a separate account established by the Employment Development Department in the State Treasury, and used for the purposes of the PWRT. The bill would authorize the panel to adopt any regulations necessary to implement the provisions of the bill, as provided. (28) Existing law, the California Workforce Investment Act, establishes the California Workforce Investment Board (CWIB) , which is the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system, and prescribes the functions and duties of the board. Existing law, the California Green Collar Jobs Act of 2008 also establishes a special committee known as the Green Collar Jobs Council (GCJC) , which is responsible for the development of a green collar jobs strategic initiative to address the growing need for a highly skilled and well-trained workforce to meet the needs of California's emerging green economy, as prescribed. This bill would require the CWIB, in coordination with the Employment Development Department, to participate in the development and evaluation of specified grant allocations intended to provide funding to remove barriers for special needs populations for green technology and green collar jobs, and ensure consistency with the green collar jobs strategic initiative, as provided. The bill would also require the CWIB to prepare and annually submit to the Legislature a report containing specified information on the allocation of those grants funds. (29) Existing law creates the Exposition Park Improvement Fund and requires that all revenues received by the California Science Center for the provision of certain services are deposited into that fund. Under existing law, the moneys in the Exposition Park Improvement Fund may only be used, upon appropriation by the Legislature, for improvements to Exposition Park, as specified. This bill would authorize up to $2,800,000 dollars to be transferred from the Exposition Park Improvement Fund into the General Fund for the 2009–10 fiscal year, as specified. (30) Existing law requires the Department of Finance, the Controller, the Treasurer, and the Department of General Services to collaboratively develop, implement, utilize, maintain, and operate the Financial Information System for California (FISCal) as a single integrated financial management system that encompasses the management of resources and dollars in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset management, project accounting, grant management, and human resources management. Existing law requires the FISCal Project Office in the Department of Finance to implement these provisions until the Office of the Financial Information System is established. This bill would require the Department of Finance, before executing a contract for the prime vendor to implement these provisions, to submit a written report to the Legislature that includes specified information. The bill would require the report to be submitted to the Legislature for review no less than 30 days before the contract is executed. (31) Existing law, which has been amended by an initiative measure, requires that, prior to release from the custody of the Department of Corrections and Rehabilitation of a person who has been convicted of certain crimes of a sexual nature, the Director of Corrections and Rehabilitation refer that person to the State Department of Mental Health for evaluation if the director determines that person may be a sexually violent predator. 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 require the Director of Finance to identify those local costs associated with the implementation of the sexually violent predator law that are necessary to implement or were expressly included in Proposition 83 of the November 7, 2006, General Election, and to propose an amendment to the applicable parameters and guidelines to the Commission on State Mandates. (32) Existing law establishes, until January 1, 2012, the Chrome Plating Pollution Prevention Fund administered by the Business, Transportation and Housing Agency. Moneys in the fund, upon appropriation by the Legislature, are expended by the agency to provide specific loan guarantees to assist chrome plating facilities to purchase high performance environmental control equipment or technologies. This bill would transfer all unencumbered moneys in the Chrome Plating Pollution Prevention Fund to the General Fund. The bill would require the Secretary of Business, Transportation and Housing to deposit any loan repayments into the General Fund. (33) Existing law provides that no dog or cat impounded by a public pound or specified shelter shall be killed before 6 business days, as specified. Formerly, these laws required a waiting period of 72 hours. This bill would declare the intent of the Legislature that the suspension in the Budget Act of 2009 of this requirement does not affect the duties provided in the laws that were impacted by that requirement, and that, therefore, the requirements that dogs and cats be held for a minimum of 72 hours remain in effect. (34) 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. (35) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. (36) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Sponsors (1)

Noreen Evans

  • Democratic
Author

Votes


Actions


Jul 28, 2009

California State Legislature

Chaptered by Secretary of State. Chapter 12, Statutes of 2009-10 Fourth Extraordinary Session.

California State Legislature

Approved by the Governor.

Jul 24, 2009

Assembly

Assembly Rule 77 suspended.

California State Legislature

Enrolled and to the Governor at 4:30 p.m.

Assembly

Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 54. Noes 24. Page 90.)

Jul 23, 2009

Senate

Joint Rule 10.5 suspended.

Senate

Read third time and amended.

Senate

(Ayes 37. Noes 1. Page 43.)

Senate

Senate Rule 29.3 suspended.

Senate

(Ayes 24. Noes 12. Page 43.)

Senate

Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 27. Noes 12. Page 61.)

Assembly

In Assembly. Concurrence in Senate amendments pending.

Jul 15, 2009

Senate

Withdrawn from committee. Ordered placed on second reading file.

Senate

Read second time. To third reading.

Jul 09, 2009

Assembly

Read third time, passed, and to Senate. (Ayes 47. Noes 2. Page 27.)

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Jul 06, 2009

Assembly

Without reference to committee.

Assembly

Ordered to second reading.

Assembly

From printer.

Assembly

Read second time. To third reading.

Jul 02, 2009

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB12 HTML
07/02/09 - Introduced PDF
07/23/09 - Amended Senate PDF
07/24/09 - Enrolled PDF
07/28/09 - Chaptered PDF

Related Documents

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