1995 Significant Legislation
Pages 400-499
Index by Bill Number
[PAGE 400]
SJR 25 (Thompson-D) - Offshore Oil and Gas Leasing
Memorializes the U.S. Congress to continue their Outer Continental Shelf Lands Moratorium which restricts oil and gas leasing in federal waters off California.
(Failed passage in Assembly Natural Resources Committee)
SB 4X (Haynes-R) - Streambed Alterations
Exempts projects by any city, county or city and county from the requirements to notify the Department of Fish and Game and submit general plans for any flood control project in an urbanized area that would change the natural flow of a river, stream, or lake; use materials from the streambed; or dispose of debris, or water where it may pass into those waters.
(Failed passage in Senate Natural Resources and Wildlife Committee)
SB 12X (Johannessen-R) - Streambed Alterations
Exempts emergency work, preventative maintenance and maintenance activity on concrete-lined channels from streambed alteration notification and arbitration provisions dealing with fish and wildlife protections. Authorizes agreements of 5 years or longer.
(In Senate Natural Resources and Wildlife Committee)
AB 25* (Hauser-D) - Dungeness Crab
Requires groundfish fishermen to keep copies of landing receipts on board their vessel when federal groundfish regulations are in effect. Removes the California Seafood Council from various provisions relating to the Dungeness crab fishery. Eliminates the requirement that vessels that fish for Dungeness crab have their holds inspected prior to the opening of crab season.
Chapter 753, Statutes of 1995
AB 76 (Morrow-R) - Commercial Fishing: Finfish: Sardines
Requires commercial fishermen to declare, prior to departure, that they will take fish in the far offshore fishery and land them in the state. Repeals the quotas for the take of live and dead sardines, and instead permits sardines to be taken for live bait purposes at any time. Establishes a limited entry finfish trap fishery.
Chapter 619, Statutes of 1995
[PAGE 401]
AB 77 (Morrow-R) - Fish: Garibaldi: Collecting off Santa Catalina Island
(1) Names the Garibaldi as the state marine fish, (2) places a temporary moratorium on the commercial collection of Garibaldi until February 1, 1999 unless a study approved by the Department of Fish and Game shows a less than significant impact on the population of the Garibaldi resource, and (3) extends indefinitely the prohibition against commercial collecting of marine organisms on the south side of Catalina Island.
Chapter 948, Statutes of 1995
AB 87 (Cortese-D) - Mountain Lions
Requires the Department of Fish and Game to develop a statewide policy and procedure to facilitate the removal of mountain lions perceived to be an imminent threat to public health and safety.
(Failed passage in Assembly Water, Parks and Wildlife Committee; reconsideration granted)
AB 117 (Knowles-R) - Mountain Lions
Upon voter approval, repeals the California Wildlife Protection Act of 1990 and enacts the Mountain Lion Management Act. Authorizes mountain lions to be taken as game mammals and property owners or tenants to take mountain lions except with poison. Requires the Department of Fish and Game to present a plan for the systematic management of mountain lions.
(Failed passage in Assembly Water, Parks and Wildlife Committee; reconsideration granted)
AB 122 (Rainey-R) - Vessels: Harbors and Watercraft Fund
Replaces the Harbors and Watercraft Revolving Fund with the Harbors and Watercraft Fund (HWF) and makes available, upon appropriation by the Legislature, 20% of certain revenues deposited in the HWF to the Department of Boating and Waterways for annual allocation to counties on a pro-rata basis to be used for boating safety programs. Becomes operative upon approval of ACA 12 by the voters.
(In Senate Appropriations Committee)
[PAGE 402]
AB 229 (Burton-D) - Funding: Abalone
Requires a $5 abalone stamp for the recreational take of abalone. Establishes a Recreational Abalone Advisory Committee. Reduces the commercial limit on abalone in waters off San Francisco and San Mateo Counties, and reduces the recreational limit of abalone south of Pt Lobos in San Francisco County and limits the take of abalone for commercial purposes in the Fitzgerald Marine Reserve in District 10.
(On Senate Inactive File)
AB 234 (Cortese-D) - Youth Recreation Programs
Establishes an 18-member task force, composed of representatives from parks and recreation agencies, law enforcement agencies, and educational and community bodies; for the purpose of designing and making recommendations to the Governor to improve the delivery and effectiveness of parks and recreation programs aimed at youth.
Vetoed by the Governor
AB 347 (Woods-R) - Sportfishing Licenses
Authorizes a person or his/her guest, who owns property that totally encloses a lake or pond and is located offstream and not hydrologically connected to any permanent or intermittent waterway, to take fish for purposes other than profit without a sportfishing license.
Chapter 744, Statutes of 1995
AB 389 (Cannella-D) - Environmental Farming
Enacts the Cannella Environmental Farming Act of 1995. Requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. Requires the Secretary of Food and Agriculture to convene a Scientific Advisory Panel on Environmental Farming for the purpose of providing advice and assistance with respect to various matters.
Chapter 928, Statutes of 1995
[PAGE 403]
AB 443 (Goldsmith-R) - Off-Highway Vehicle Facilities: Appropriation
Appropriates $2,775,000 from the Off-Highway Vehicle Fund to the Department of Parks and Recreation for purposes of implementing and administering cooperative agreements with federal land management agencies to support federal off-highway vehicle programs within California, if the agreement is approved by the Off-Highway Motor Vehicle Recreation Commission.
Chapter 617, Statutes of 1995
AB 450 (Hauser-D) - Pollution: Creosote
Specifies conditions under which it would be lawful to maintain or install, in state waters, pilings or similar structures that have been treated with creosote.
(In Senate Natural Resources and Wildlife Committee)
AB 474 (Hauser-D) - Pink Shrimp: Vessel Permits
Creates and authorizes the Department of Fish and Game to issue "A" transferable and "B" nontransferable permits to take pink shrimp. Creates a single-landing permit entitling the holder to one unloading/delivery of commercially taken pink shrimp.
(Failed passage in Assembly Water, Parks and Wildlife Committee; reconsideration granted)
AB 504* (Kuykendall-R) - State Beaches: Special Funds: Tidelands Oil Revenues: Watermaster Services
Transfers 8 state beaches to the County of Los Angeles. Abolishes 4 state special funds and transfers their unencumbered balances to the General Fund. Deposits tidelands oil revenues directly into the General Fund and allows the Department of Parks and Recreation to enter into agreements to secure long-term funding sources for the state park system. Provides the Department of Water Resources full cost recovery for watermaster services.
(On Assembly Inactive File)
AB 527 (Woods-R) - Fallow Deer
Designates fallow deer as domestic animals, and in so doing, transfers jurisdiction for fallow deer from the Fish and Game Commission to the Department of Food and Agriculture.
(In Senate Natural Resources and Wildlife Committee)
[PAGE 404]
AB 585 (Knox-D) - Santa Monica Mountains Conservancy: Urban Wild
Requires the Santa Monica Mountains Conservancy to develop a comprehensive plan for the "urban wild", as defined, for the purpose of assisting policymakers, parkland acquisition agencies, planners, potential land donors, developers, and homeowners in making land use, land preservation, acquisition, and development decisions.
Vetoed by the Governor
AB 666* (Hauser-D) - Commercial Fishing: Dungeness Crab
Defines "owner" for the purposes of obtaining a Dungeness crab permit as a person or persons designated as the registered owner on specified documentation. Revises qualifications for obtaining a Dungeness crab permit. Prohibits vessels permitted to take Dungeness crab in another state from taking Dungeness crab in waters off Sonoma, Marin, San Francisco, and San Mateo Counties if the state in which the vessel is permitted has delayed the Dungeness crab season opening after December 1 of any year.
Chapter 947, Statutes of 1995
AB 704 (Hauser-D) - Commercial Fishing: Fish and Wildlife Violations
Authorizes the Commercial Salmon Trollers Enhancement Restoration Program (Salmon Stamp Program) to accept grants from the federal government and private foundations, and accept money from court settlements and donations and bequeaths from individuals. Also provides for increased penalties for commercial poaching.
Chapter 828, Statutes of 1995
AB 718 (Hauser-D) - Commercial Fishing: Sea Urchins
Extends the special landing tax on sea urchins and the existence of the sea urchin advisory committee from March 1, 1996 to March 1, 2001. Combines 2 one-half-cent landing taxes into a single 1-cent landing tax. Increases the deductible from one-quarter to one-half-cent from the above landing taxes from payments made to sea urchin divers for each pound landed. Revises the distribution of these funds to 60% for enhancement and 40% for management, and revises the residency and permit requirements for certain members of the Director's Sea Urchin Advisory Committee.
Chapter 615, Statutes of 1995
[PAGE 405]
AB 728 (Setencich-R) - Off-Highway Motor Vehicle Recreation Fund
Reestablishes the Off-Highway License Fee Fund to enable the State Controller to distribute "in-lieu tax" funds to cities and counties according to a population-based formula.
Chapter 403, Statutes of 1995
AB 856 (Caldera-D) - Environmental Audits
Enacts the Environmental Audit Protection Act of 1995. Prohibits a criminal, civil or administrative sanction from being assessed against anyone who, as the result of conducting an environmental audit, discloses a minor violation of an environmental requirement to a regulatory agency.
(In Assembly Natural Resources Committee)
AB 902 (Cortese-D) - Fish and Wildlife Pollution Abatement Account
Renames the Fish and Wildlife Pollution Cleanup and Abatement Account the Fish and Wildlife Pollution Account. Creates 4 sub-accounts with specific purposes and caps on how much the sub-accounts can contain. Specifies what moneys can be deposited into each account.
Chapter 720, Statutes of 1995
AB 909* (Bowen-D) - State Park System: State Beaches
Transfers 8 state beaches to the County of Los Angeles, and allows the Department of Parks and Recreation to enter into agreements to secure long-term funding sources for the state park system.
Chapter 472, Statutes of 1995
AB 937 (Sher-D) - Surface Mining Operations
Establishes a state abandoned mineral and mineral materials reclamation program to administer specified federal funds.
(In Assembly Natural Resources Committee)
[PAGE 406]
AB 1000 (Horcher-I) - Elephants: Chains
Prohibits chaining of elephants, except as specified.
(In Assembly Water, Parks and Wildlife Committee)
AB 1102 (Sher-D) - San Francisco Bay Conservation and Development Commission
Requires that the San Francisco Bay Conservation and Development Commission (BCDC) make use of information available from the San Francisco Bay Regional Water Quality Control Board for its planning activities. Also exempts any policy, plan or guideline adopted by the BCDC from Office of Administrative Law review.
Chapter 951, Statutes of 1995
AB 1103 (Sher-D) - Oil Recycling
Authorizes the California Integrated Waste Management Board to enter into a contract with the Department of Toxic Substances Control to provide for greater investigation and enforcement efforts for used oil handling and storage and transfer facility operations. Requires the department to assist the board in the development of the used oil program and to assist local governments in removing barriers to the establishment of used oil collection programs. Appropriates $100,000 to the board, for expenditure during the 1995-96 fiscal year, from the California Used Oil Recycling Fund, for this purpose, and makes a legislative finding of intent that the sum of $250,000 should be annually appropriated from the fund in the annual Budget Act to the board, commencing with fiscal year 1996-97 for this purpose. Makes other changes to the California Oil Recycling Enhancement Act.
Chapter 822, Statutes of 1995
AB 1119 (Kuykendall-R) - Vessels: Oil Spills
Establishes a state pilotage system in California and authorizes the administrator of the Oil Spill Prevention and Response Program to approve the system, as specified.
(In Assembly Appropriations Committee)
AB 1362 (Knowles-R) - California Wildlife Protection Act of 1990
Repeals the provisions of the California Wildlife Protection Act of 1990 granting special protection to mountain lions.
(In Assembly Water, Parks and Wildlife Committee)
[PAGE 407]
AB 1363 (Knowles-R) - Mountain Lions: Population Study
Requires the Department of Fish and Game to conduct a scientific determination of the mountain lion population and submit a biennial report to the Legislature containing its findings.
(In Assembly Water, Parks and Wildlife Committee)
AB 1376 (Bustamante-D) - Oil Spill Reporting Requirements
Sets forth special reporting requirements for crude oil spills from onshore drilling, production and injection operations for onshore wells.
(In Assembly Natural Resources Committee)
AB 1402 (House-R) - Protected Species: Compensation
Requires the Department of Fish and Game to compensate owners of property damaged or destroyed by a protected species.
(In Assembly Water, Parks and Wildlife Committee)
AB 1413 (Sher-D) - Wild and Scenic Rivers: Mill Creek and Deer Creek
Removes Mill and Deer Creeks as potential additions to the Wild and Scenic Rivers System. Prohibits the construction of any new dam, reservoir, diversion, or other water impoundment facility on the upper reaches of Mill and Deer Creeks.
Chapter 183, Statutes of 1995
AB 1430 (Kuehl-D) - Animals: Trapping
Requires notice of any trap set for wildlife or domestic animals to any residence within 500 feet of the trap.
(In Assembly Rules Committee awaiting assignment)
[PAGE 408]
AB 1533 (Cortese-D) - Instream Flow Dedications and Reservations
Requires the State Water Resources Control Board to prepare and maintain a Registry of Instream Flow Reservations and Dedications.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 1549 (Sher-D) - Oil Spills
Makes changes to correct, clarify and define language for marine fueling facilities subject to the Oil Spill Prevention and Response Act's (OSPRA) small craft fueling facilities program. Requires that the administrator of OSPRA adopt oil spill contingency plans for small marine refueling facilities, mobile oil transfer units and vessels carrying oil as a secondary cargo, as defined. Also authorizes the use of interest revenue from the Oil Spill Response Trust Fund and for support of oiled wildlife stations and makes various technical changes related to the interest revenue from that account.
Chapter 940, Statutes of 1995
AB 1737* (Katz-D) - Marine Mammals
Enacts the California Marine Mammal Protection Act which would make it unlawful for any person to possess or display any live marine mammal (whale, dolphin, porpoise, seal or sea lion) in California unless it was in captivity on the effective date of the bill or an offspring of a marine mammal that was in captivity on the effective date of the bill.
(In Assembly Water, Parks and Wildlife Committee)
AB 1742 (McPherson-R) - Oil Spills
Makes various technical and clarifying changes to current law related to oil spill prevention and response.
Chapter 337, Statutes of 1995
AB 1887 (McPherson-R) - State Park System: Concession Contracts
Extends the maximum term for concession contracts in the state parks system from a maximum of 5 years to a maximum of 10 years.
Chapter 737, Statutes of 1995
[PAGE 409]
AB 1916 (Harvey-R) - Sport Hunting and Fishing Licenses
Creates a 10-day non-resident sportfishing license. Makes the process for issuing duplicate sport hunting licenses the same as sportfishing licenses. Requires persons seeking a free fishing license because of a physical disability to provide a physician's certificate. Allows hunting licenses and hunter safety courses obtained in other states or provinces to be honored in this state. Reduces the cost of using the natural diversity data management system.
Chapter 293, Statutes of 1995
AB 1948* (Brewer-R) - Deficiency Funding: California Conservation Corps
Appropriates $2,709,000 from the General Fund to the California Conservation Corps to cover a deficiency in 1994-95 to pay for its share of a court settlement for alleged violations of the Fair Labor Standards Act.
Chapter 16, Statutes of 1995
AJR 3 (Sher-D) - U.S. Geological Survey
Memorializes the President and Congress to not eliminate the United States Geological Survey.
Resolution Chapter 37, Statutes of 1995
AJR 6 (Olberg-R) - California Desert Protection Act: Repeal
Memorializes the President and Congress to repeal the California Desert Protection Act.
(In Assembly Natural Resources Committee)
AJR 30 (Cortese-D) - San Francisco Bay/Sacramento-San Joaquin Delta Estuary
Memorializes the President and the Governor to commit the necessary support to ensure the success of the CAL-FED Bay-Delta Program in achieving a comprehensive solution to the problems in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary.
Resolution Chapter 100, Statutes of 1995
[PAGE 410]
AB 9X* (Sher-D) - Surface Mining Operations
Revises exemptions in the Surface Mining and Reclamation Act of 1975 relating to prospecting for, or extraction of, minerals and the removal of overburden, as specified.
(In Assembly Natural Resources Committee)
[PAGE 411]
GOVERNMENT
NOTE: *DENOTES URGENCY LEGISLATION
[PAGE 412]
Administrative Law
SB 329 (Campbell-R) - Administrative Regulations: Legislative Notification
Prohibits any state agency from adopting any regulation in an area over which a federal agency has jurisdiction unless the state agency notifies the Legislature 30 days prior to the effective date of the regulation.
(Failed passage in Senate Governmental Organization Committee; reconsideration granted)
SB 337 (Campbell-R) - Certification of Administrative Regulations
Requires the Office of Administrative Law (OAL) to certify that a regulation proposed by a state agency, or submitted by any interested party under rules specified by OAL, imposes the least restriction and economic hardship on business, as specified, prior to approving any such regulation.
(Failed passage in Senate Governmental Organization Committee)
SB 339 (Campbell-R) - Administrative Regulations: 5-Year Sunset Date
Prohibits any regulation adopted by a state agency to remain in effect for more than 5 years, unless it is readopted before its expiration date.
(Failed passage in Senate Governmental Organization Committee)
SB 446 (Haynes-R) - Outdoor Advertising: Hearing
Requires the director of Caltrans to comply with the Administrative Procedure Act (APA) when conducting a hearing involving the revocation of a permit or license for, removing or destroying, a billboard. Requires the person who initiated the hearing to pay all related costs unless the hearing results in a ruling adverse for Caltrans, in which case Caltrans is required to pay the costs.
(On Senate Unfinished Business File)
[PAGE 413]
SB 452 (Johannessen-R) - Administration Regulations: Public Availability
Prohibits enforcement of any regulation filed with the Secretary of State unless the regulation has been made available to the public for 30 days, as specified. Requires an agency adopting regulations to submit to the Office of Administrative Law (OAL) both a text copy and a computer diskette of the regulations, with the rulemaking file. Requires OAL to submit the diskette to the Legislature Counsel, who is required to make the text of the regulations available on a public computer network. Allows a court to award attorney fees to successful parties in court cases regarding the right to public availability of regulation.
Vetoed by the Governor
SB 523 (Kopp-I) - Administrative Procedures
Revises procedures for administrative adjudications by expanding the hearing procedure options available to state agencies and by including additional due process and public policy requirements, as specified. Becomes operative July 1, 1997. Double-joined with SB 452 (Johannessen-R) and AB 257 (Speier-D).
Chapter 938, Statutes of 1995
SB 625 (Johannessen-R) - Administrative Regulations: Economic Impact
Requires that an assessment of adverse economic impact be submitted to the Office of Administrative Law, in writing, with the notice of proposed action, and made available to the public upon request.
(In Senate Governmental Organizations Committee)
SB 690 (Mountjoy-R) - Administrative Regulations: DPA
Exempts the Department of Personnel Administration (DPA) from the Administrative Procedure Act and instead provides alternative procedures for DPA to use in the adoption, amendment, or repeal of a regulation, as defined.
(In Senate Governmental Organization Committee)
[PAGE 414]
SB 739 (Polanco-D) - Administrative Regulations
Allows the California Integrated Waste Management Board and the State Water Resources Control Board to adopt a regulation that is different from a federal regulation addressing the same issue, upon a finding of specified justifications.
(Failed passage in Senate Natural Resources and Wildlife Committee; reconsideration granted)
AB 250 (Baldwin-R) - Administrative Regulations: Review
Requires the Office of Administrative Law and Secretary of Trade and Commerce to recommend to the Legislature the suspension or repeal of all state regulations determined to be more stringent than federal regulations on the same subject.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
A similar bill is AB 1160 (Morrissey-R) which is in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee.
AB 1069 (Hauser-D) - Administrative Law: Decisions
Requires that a decision made by an administrative law judge, pursuant to the Administrative Procedure Act, is to be deemed adopted by an agency unless that agency files a petition for judicial review.
(In Senate Judiciary Committee)
AB 1135 (Morrissey-R) - Administrative Regulation: State Air Resources Board
Requires the State Air Resources Board, until January 1, 1999, when proposing to adopt or substantially amend any regulation, to consider and respond to public comment on the cumulative economic impact of regulations that become effective on or after January 1, 1996.
(On Senate Third Reading File)
AB 1142 (Baldwin-R) - Administrative Regulations
Prohibits all regulations that have a substantial adverse job creation impact from remaining in affect for more than 4 years from the date of filing with the Secretary of State.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
[PAGE 415]
AB 1179 (Bordonaro-R) - Administrative Regulations
Specifies that no administrative regulation adopted after January 1, 1996 is to apply to businesses, unless the state agency adopting the regulation makes a finding that it is necessary for the health, safety or welfare of the people of the state, and it is the most cost-effective regulatory option. Revises the duties of the Trade and Commerce Agency Secretary as they relate to industry findings and determinations required of any state agency that proposes to adopt regulations under the Administrative Procedure Act. Requires the Office of Administrative Law to return regulations to the adopting agency when the secretary has made certain findings pursuant to specified provisions.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 1659 (Woods-R) - Administrative Regulations
Imposes additional requirements to the regulatory process for specified agencies when considering the adoption or amendment of a regulation which costs $2 million or more in any 1 year.
(Failed passage in Senate Governmental Organization Committee; reconsideration granted)
AB 1857 (Brewer-R) - Administrative Regulations
Allows state agencies to adopt regulations that are different from corresponding federal regulations, as specified.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
AB 1859 (V. Brown-D) - Administrative Regulations: Workers' Compensation
Makes the Division of Workers' Compensation subject to the Administrative Procedures Act for purposes of promulgating regulations
(In Assembly awaiting concurrence)
Similar legislation is AB 1756 (Knowles-R), which is in the Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee
[PAGE 416]
Legislature
The 1994 elections left the Legislature with a Democratic Senate and a Republican Assembly. However, in the Assembly the Republicans were unable to replace Speaker Willie Brown with their leader James Brulte when Paul Horcher changed from Republican to Independent and voted for Willie Brown as Speaker. Assemblymember Horcher became subject to a successful recall election. It wasn't until June 5, 1995 that Speaker Brown was replaced with Doris Allen, who was elected by a 40-38 vote (39 Democrats and Allen), becoming the first woman in California history to become Speaker of the Assembly. Soon thereafter, she became embroiled in controversy with the other Republican members making her subject to a recall election. On September 15, 1995 Allen was replaced by Brian Setencich, a first-term member, as Speaker. In between events, an unsuccessful recall was made against Assemblymember Mike Machado, Majority Floor Leader James Brulte relinquished his leadership post, and Curt Pringle became the new Majority Floor Leader. HRs 1-8 were proposed Rule changes to reflect what became a 40-40 stalemate and all were defeated. In the Senate, the Republicans replaced Ken Maddy with Rob Hurtt as their minority leader.
SB 662 (Boatwright-D) - Legislative Committees: False Statements
Makes it a misdemeanor for a person to knowingly make any unsworn, false statement on any material matter as a witness testifying voluntarily before a legislative committee or to offer to the committee as genuine or true any book, paper, document, record, or other instrument in writing knowing the same to be false or fraudulent.
Vetoed by the Governor
SB 1359* (Senate Rules Committee) - State Government
Expands the membership of the Joint Legislative Budget Committee from 14 to 16 members, and allows the legislative appointees to the San Francisco Bay Conservation and Development Commission to appoint any person the Member deems qualified to serve as an alternate.
Chapter 682, Statutes of 1995
SCA 1 (Alquist-D) - Unicameral Legislature
Provides for a modified single-house parliamentary system of government with a Governor elected by a majority of the Legislature.
(In Senate Rules Committee)
[PAGE 417]
SCA 11 (Campbell-R) - Legislature: Exclusion of Members
Excludes members of the Legislature from serving when convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes.
(In Senate Rules Committee)
SR 11 (Polanco-D) - Qualifications of Senate Members
Sets up a procedure whereby a person elected to the Senate must take the oath of office by a specified timeframe or become disqualified from holding the office of Senator, as specified.
(In Senate Rules Committee)
AB 116* (Speier-D) - Legislative Oversight: Reports
Extends the sunset date from January 1, 1995 to January 1, 1997 to provide that no state or local agency be required to prepare and submit any written report to the Legislature or Governor, unless exempted or certain circumstances exist.
(In Senate Rules Committee)
AB 307 (Thompson-R) - State Mandates: Report to Legislature
Requires the Department of Finance to prepare an estimate for the respective committees of each house of the Legislature whenever the Legislative Counsel determines that a bill mandates a new program or higher levels of service, as specified.
Vetoed by the Governor
AB 673 (Hoge-R) - Legislative Sessions: Part-Time
Sets up procedures for a part-time Legislature.
(In Assembly Rules Committee)
[PAGE 418]
AB 879 (Rogan-R) - Bill Limitation
Provides for a bill introduction limitation of 30 for each Senator and 25 for each Assemblymember.
(In Assembly Rules Committee)
AB 958 (Knight-R) - Pupil Tests: Review by Legislature and Governor
Permits members of the Legislature and the Governor or his/her appointee to view any State Department of Education provided or administered statewide pupil testing questions or materials. Requires these persons to keep all material confidential. Double-joined with AB 985.
Chapter 777, Statutes of 1995
AB 1269 (Martinez-D) - Legislative Employees: Increase
Prohibits legislative employees from receiving compensation for engaging as political and campaign consultants or otherwise assisting other persons on political or campaign matters during their non-working hours at the Legislature.
(Failed passage in Assembly Elections, Reapportionment and Constitutional Amendments Committee)
AB 1719 (Isenberg-D) - Public Officers: Compensation
Requires the salary payable to a Member of the California State Legislature, the Governor and other state constitutional officers to be reduced by the amount of any state or local monthly retirement allowance they are receiving.
(Failed passage on Assembly Floor; reconsideration granted; on Assembly Inactive File)
ACA 1 (Burton-D) - Legislators: Retirement
Allows members elected or serving after November 1, 1990 to participate in the Public Employees' Retirement System.
(In Assembly Public Employees, Retirement and Social Security Committee)
[PAGE 419]
ACA 5 (Brulte-R) - Legislature: Procedures
Adds to the California Constitution specific requirements relating to the internal affairs of the Legislature, including procedures relating to the organization of the houses and the committees thereof.
(In Assembly Rules Committee)
ACA 26 (Goldsmith-R) - Assembly Sessions: Lt. Governor
Provides that for the Assembly organizational sessions, the Lt. Governor would preside until a Speaker is chosen, and would have a vote only for the election of the Speaker, as specified.
(In Assembly Rules Committee)
ACA 27 (Goldsmith-R) - Legislature: Time of Oath Taking
Requires that when a Member of one house of the Legislature is elected to a full or partial term in the other house, he or she must take the oath of office for the office in the other house within 60 calendar days following the issuance of the certificate of election. Provides that failure to do so would create a vacancy in the state seat.
(In Assembly Rules Committee)
HR 18 (Bowler-R) - Assembly Elections: Recall Costs
Specifies that the Assembly is to reimburse the election costs to counties for recall elections of Assembly Members from the Assembly Operating Fund.
(In Assembly Rules Committee)
[PAGE 420]
Affirmative Actih3> Legislation
One issue which has come to the forefront in California is the repeal of affirmative action programs. On July 20, 1995, the University of California Regents, with the Governor's urging, repealed affirmative action programs in the University of California system.
SB 374* (Alquist-D) - Transit Authority: Contracts
Deletes the current prohibition on contract negotiations concerning women and minority enterprises as it applies to the Golden Gate Bridge, Highway 12 Transportation District.
(In Assembly Transportation Committee)
SB 576 (Dills-D) - State Employees: Hiring Goals: Disabilities
Requires the State Personnel Board to survey the number of people with disabilities in each state department and compare those numbers with the ratio of disabled persons in the workforce to establish hiring goals for state agencies and departments starting in 1996-97.
(In Assembly Public Employees, Retirement and Social Security Committee)
SB 938 (Campbell-R) - Public Agency Contracts
Repeals the authorization that requires the meeting of minority and women business enterprise participation goals in the state contracting bidding process. Allows local agencies to require contract bidders to meet goals for hiring minority, women, and disabled veteran-owned businesses.
(Failed passage in Senate Governmental Organization Committee; reconsideration granted)
Similar legislation is AB 384 (Goldsmith-R) which is in Assembly Utilities and Commerce Committee.
[PAGE 421]
SB 939 (Campbell-R) - Public Officers and Employees: Employment Preference
Repeals provisions in the State Civil Service Act which requires state agencies to use affirmative action hiring and promotion practices to overcome any identifiable under-utilization of minorities and women in their respective organizations. Limits the circumstances in which public officers and employees may give preferences on the basis of race, sex, color, ethnicity, or national origin to any person for hiring or promotional practices.
(Failed passage in Senate Public Employment and Retirement Committee)
SB 940 (Campbell-R) - Education: Race Neutral Determinations
Prohibits, except under court orders, public schools or institutions from considering a person's race with respect to admission of that person to the educational institution, a decision to provide financial assistance to that person, and an evaluation of that person's academic performance.
(Failed passage in Senate Education Committee; reconsideration granted)
SB 983 (Campbell-R) - Postsecondary Education Faculty: Employees
Prohibits public institutions of higher education from using a person's race, color, religion, sex or national origin as a criterion for either discriminating against or granting preferential treatment to that person in faculty employment.
(Failed passage in Senate Education Committee; reconsideration granted)
Similar legislation is AB 833 (Richter-R) which failed passage in Assembly Higher Education Committee; reconsideration granted.
SCA 10 (Kopp-I) - Civil Rights
Prohibits state and local governmental agencies from discriminating against, or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the areas of public employment, public education, and public contracting, as specified.
(Failed passage in Senate Governmental Organization; reconsideration granted)
Similar legislation is ACA 2 (Richter-R) which is in Assembly Judiciary Committee.
[PAGE 422]
SCR 41 (Polanco-D) - Public Contracting
Requests the Secretary of State and the Consumer Services Agency to establish an Interagency Advisory Council of Small and Disadvantaged Business in Public Contracting to assist state agencies in providing access to public contract opportunities in state government for California's small and disadvantaged firms.
(Failed passage in Senate Governmental Organization Committee; reconsideration granted)
AB 193 (K. Murray-D) - State Contracts: Participation Goals
Requires state agencies to conduct periodic outreach activities to encourage minority, women or disabled veteran-owned enterprises to become qualified to bid on state contracts.
(In Assembly Utilities and Commerce Committee)
AB 211 (Richter-R) - Public Officers and Employees: Employment Preference
Repeals affirmative action requirements concerning minorities and women at state agencies, school districts and community college districts. Prohibits any public officer or employee from giving any preferences on the basis of race, sex, color, ethnicity or national origin to any person for hiring or promotional purposes, except that socioeconomic factors may be considered when evaluating applicants for entry level jobs.
(Failed passage in Assembly Higher Education Committee; reconsideration granted)
AB 1001 (Kuehl-D) - Sexual Orientation
Adds sexual orientation to a state requirement that public schools, colleges and universities ensure their program are free from discrimination based on ethnicity, religion, age, gender, color or physical or mental disability.
(Failed passage in Assembly Education Committee; reconsideration granted)
AB 1243 (Lee-D) - State Contracts
Requires an awarding department, in evaluating a contract bid, to determine whether or not potential subcontractors that the bidder states were contacted in an effort to meet participation goals, were, in fact, actually contacted.
(In Assembly Utilities and Commerce Committee)
[PAGE 423]
AB 1676 (Lee-D) - Public Service Contracts: Progress Payments
Allows all state departments, agencies or authorities to make advance payments of up to 25% of the annual allocation to be made pursuant to a public service contract to a nonprofit organization or a small minority, women or disabled veteran-operated business enterprise with which it has contracted for the delivery of services.
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
ACA 16 (K. Murray-D) - Diversity Goals
Adds a provision to the State Constitution specifically allowing the Legislature to establish diversity goals for state and local government activities, programs and contracting.
(In Assembly Utilities and Commerce Committee)
[PAGE 424]
State Government
SB 1 (Alquist-D) - Information Services Agency
Makes substantive changes to state laws pertaining to information technology policy and information technology projects. Among other things, replaces the Office of Information Technology with the Department of Information Technology.
Chapter 508, Statutes of 1995
SB 168 (Hughes-D) - State Teachers' Retirement Board: Compensation
Changes the status of 4 members of the State Teachers' Retirement System Board from being appointed by the Governor to being elected by members of specified STRS constituent groups.
(In Assembly Public Employees, Retirement and Social Security Committee)
SB 279 (Lewis-R) - Expenditure of Public Moneys: Statewide Measures
Precludes public officials from expending public monies to challenge any statewide ballot measure.
(Placed on Senate Inactive File)
Similar legislation is ACA 24 (Baldwin-R) which is in Assembly Local Government Committee.
SB 286 (Polanco-D) - State Procurement: Information Technology: Common Purpose
Authorizes state agencies to issue "solicitations" by way of electronic transmission. Establishes a Common Purpose Procurement process, an alternative "competitive" method for procurement of high tech projects, that may be used by DGS to resolve procurement problems that have no pre-defined business solution.
(In Assembly Appropriations Committee)
[PAGE 425]
SB 297 (Campbell-R) - State Regulatory Activities: Principal Agencies
Requires, notwithstanding any other provision of state law, and to the extent not in conflict with federal law, if a principal state agency is not designated by statute, a principal state agency be designated by the Governor for the coordination of procedures, forms, and deadlines in every definable area of regulatory activity under the states jurisdiction, as specified.
Chapter 650, Statutes of 1995
SB 323 (Kopp-I) - Public Records Act
Makes numerous changes to the California Public Records Act, including (1) revising the definitions of local agency, writing and public record; (2) requiring that public records not containing information exempted from the Public Records Act must be made available in computer form or any alternative form the agency uses to maintain its records; and (3) requiring agencies to identify in writing the provision of law on which they base a decision to withhold a record or, if withholding is based on the public interest, to state the public interest and the public interest in non-disclosure.
(In Assembly Government Organization Committee)
SB 338 (Campbell-R) - State Funds
Requires revenues derived from the assessment of fines and penalties by any state agency are not to be expended unless the Legislature specifically provides authority for the expenditure of these funds in the annual Budget Act or other legislation.
Chapter 654, Statutes of 1995
Similar legislation in AB 573 (Goldsmith-R), which is in Senate Governmental Organization Committee.
SB 342 (Campbell-R) - State and Local Agencies: Fees
Prohibits state agencies supported from the General Fund from levying or collecting any fees that are in excess of the estimated actual or reasonable cost of providing a service, inspection, or audit, except as specified.
Chapter 685, Statutes of 1995
[PAGE 426]
SB 401 (Haynes-R) - State Militia: Catastrophic Fires
Allows the Governor to call in the State Militia where there are catastrophic fires. States legislative intent related to (1) requesting the National Guard to respond to all catastrophic incidents, including major fire events, such as the 1993 Southern California firestorm; and (2) anticipating an improved response time.
Chapter 230, Statutes of 1995
SB 423 (Marks-D) - Pilotage: Small Craft Harbors: Breakwaters
Extends for one year an existing procedure for establishing pilotage rates. Adds language to the Harbors and Navigation Code explaining the vital importance of the maritime industry and bar pilotage in the bays of San Francisco, San Pablo and Suisun, which are subject to federal regulations for safety issues and state regulations for standards and licensure requirements. Redefines the definition of "vessels". Adds language clarifying how monies in the Harbor and Watercraft Revolving Fund may be appropriated for dredging small craft harbors, or maintaining breakwater for small craft harbors.
(On Senate Unfinished Business File)
SB 477* (Maddy-R) - Governmental Review: Bureau of State Audits
Provides technical clean-up and substantive amendments to SB 37 of 1993, which re-established the Auditor General's Office as the State Auditor's Office and amending statutes relating to the independence of the State Auditor and the Bureau of State Audits.
Chapter 250, Statutes of 1995
SB 481 (Maddy-R) - Escheat of Unclaimed Property
Extends the time limits applicable to claims by infants and persons of unsound mind concerning money or property escheated to the state. Specifies, with respect to certain small estates that escheat to the county treasurer due to lack of beneficiaries, that the 3-year time limit to claim property held by a local agency is extended for infants and persons of unsound mind until one year from the date their disability ceases.
Chapter 105, Statutes of 1995
[PAGE 427]
SB 482 (Calderon-D) - State Real Property: Department of General Services
Authorizes the Department of General Services (DGS) to enter into agreements to lease-purchase finance or lease with an option to purchase for the purpose of providing office, warehouse, parking, and related facilities in the Sacramento Region to consolidate the 18 agencies identified in the Strategic Facilities Plan for Sacramento.
(In Senate Appropriations Committee)
SB 496 (Thompson-D) - San Francisco Bay Pilots
Repeals an existing provision of law that requires the Board of Pilot Commissioners to temporarily reduce the additional pilotage charge in 1995 in the event that maintenance and repair costs of two pilot boats is less that $200,000. Specifies that the schedule of pilotage fees for ship movements and internal operations is to be the schedule recommended for adoption by the Board of Pilot Commissioners on June 22, 1995.
Chapter 711, Statutes of 1995
SB 553 (Campbell-R) - State Militia Armories: Homeless Shelters
Requires all state armories to be made available to any city, county, city and county, or nonprofit organization that provides temporary shelter for the indigent or homeless. Use of the armories shall be mutually agreeable to the Military Department and the entity, and the state shall not incur any financial obligation in connection with the costs of making the armories available for homeless shelters. Subjects the armories to all local health, safety, and land use regulations, but exempts them from California Building Standards Code requirements for congregate or permanent housing.
(In Senate Veterans Affairs Committee)
SB 611 (Boatwright-D) - Bond Acts: Finance Committee
Enacts the Bond Finance Committee Conformity Act which requires the membership of the finance committee of all future bond acts to be composed of the Controller, the Director of Finance, and the Treasurer. Applies to bond measures approved by the voters on or after January 1, 1996.
(In Assembly Appropriations Committee)
[PAGE 428]
SB 648* (Killea-I) - California Archives Foundation
Requires the Secretary of State to administer and manage the State Archives Building and Museum and allows them to enter into a public-private relationship with the California State Archives Foundation to assist in accomplishing that purpose.
Chapter 426, Statutes of 1995
SB 786* (Polanco-D) - Earthquake Safety: Public Buildings
Appropriates $173,485,000 from existing earthquake bonds to make vital earthquake safety improvements upon specified seismically unsafe state and local government buildings and facilities pursuant to that bond act.
(In Senate Budget and Fiscal Review Committee)
SB 847 (Dills-D) - Personal Services Contracts
Requires that all contracts for personal services, except for those of an urgent nature, be publicly advertised and the public be given the opportunity to comment on the contract at a hearing of the State Personnel Board in advance of award, as specified.
(In Senate Appropriations Committee)
SB 854 (Killea-I) - State Contracts: Discriminatory Jurisdiction
Requires the Director of Trade and Commerce to prepare a list of all jurisdictions that enforce a preference that discriminates against a business entity whose principal place of business is in this state in the procurement of goods or services. The Director of Trade and Commerce is required to deliver a copy of this list to the Director of General Services. Prohibits a state agency from entering into a contract with a foreign business enterprise that has its principal place of business located in a discriminatory jurisdiction contained on the list prepared by the Director of Trade and Commerce.
(In Senate Governmental Organization Committee)
[PAGE 429]
SB 910 (Polanco-D) - State Contracts
Requires the establishment of the position of Customer and Vendor Advocate in the Department of General Services (DGS) to provide specified services to protesting bidders. Removes the current threshold for purchase orders for materials, supplies, equipment, and of awards for electronic data processing and telecommunication goods and service, and services that can be made with vendors who have multiple award schedules with the federal government, and instead, requires DGS to determine the delegation procurement authority to be set forth in the State Administrative Manual.
Chapter 932, Statutes of 1995
SB 914 (Alquist-D) - Building Standards: Enforcement Agencies
Requires state and local officials to hire or contract with licensed architects, registered geologists, and registered engineers to review and approve building plans. State and local officials must return any incomplete building plans accompanied by a statement identifying specific deficiencies that must be corrected before resubmission. Requires the Board of Architectural Examiners, the Board of Registration for Geologists and Geophysicist Surveyors to develop, adopt, and enforce regulations to ensure that state and local officials have on staff or under contract the appropriate professionals to review building plans and specifications.
(In Senate Housing and Land Use Committee)
SB 925 (Costa-D) - Initiative Measures
Provides for a procedure whereby initiative proponents may amend initiatives after they have qualified for the ballot and reduce the upper limit threshold percentage relative to the statistical sampling of the number of valid signatures needed to qualify an initiative.
(In Assembly Elections, Reapportionment and Constitutional Amendments Committee)
SB 974* (Alquist-D) - State Government Performance Review
Creates the Performance Audit Joint Task Force to identify state agencies, programs, or practices that would likely benefit from performance audits.
(Held under submission in Assembly Appropriations Committee)
[PAGE 430]
SB 978 (Solis-D) - Latina History Day
Requires the Governor to annually proclaim the second Friday in March as "Latina History Day".
(In Senate Rules Committee)
SB 1059 (Peace-D) - Public Records Act: Disclosure
Deletes the current requirement that state and local law enforcement agencies make public the address of individuals arrested by these agencies, victims of crimes, or witnesses to crimes or incidents, except where the request is made for a scholarly, journalistic, political, governmental purpose, or for investigation purposes by a licensed private investigator, as specified.
Chapter 778, Statutes of 1995
SB 1088 (Polanco-D) - State Contract Act: Eligibility of Contractors
Authorizes any state agency to suspend, for up to 3 years, any person bidding for a public contract, as specified, who has been convicted by a foreign court of competent jurisdiction in that person's country of origin.
Vetoed by the Governor
SB 1174 (Killea-I) - Public Purchases: Recycled Steel
Adds "steel products" to the list of recycled products and materials approved by the state in the Public Contract Code for purchase by state agencies and the Legislature.
Chapter 427, Statutes of 1995
SB 1208 (Hughes-D) - Public Purchases: Preferences
Requires public entities, when purchasing goods, to give preference to California and United States manufactured and processed goods when there is a choice and it is economically feasible to do so.
(In Senate Governmental Organization Committee)
[PAGE 431]
SB 1225 (Johannessen-R) - Infrastructure Financing
Makes various findings and declarations relative to the inability of state and local governments to replace and operate deteriorating infrastructure facilities unless private sector investment becomes available. Grants state and local governmental agencies the authority to enter into agreements with private entities for the design, construction, reconstruction, maintenance, and operation, by private entities, for fee-producing infrastructure projects (e.g., irrigation, flood control, harbors, waterways, rail projects, tunnels, highways, sewage and refuse disposal, airports, bridges).
(In Senate Governmental Organization Committee)
SB 1265 (Peace-D) - Economic Development
Revises the Bergeson-Peace Infrastructure Bank Act to modify an existing provision of law that authorizes the California Infrastructure and Economic Development (CIED) Bank to borrow money for start-up costs from special funds, the General Fund, or pooled money investment account (PMIA), and instead, authorizes the bank to specifically borrow funds for this purpose from the PMIA or from any special funds. Makes numerous changes in the governing structure, including removal of the supervision and authority of the California Housing Infrastructure Finance Agency, and places the California Economic Development Financing Authority under the supervision of the CIED Bank. Includes state highway projects within the scope of improvements which may be financed through the Bergesen-Peace Infrastructure Economic Development Bond Act.
Chapter 863, Statutes of 1995
SB 1267 (Mountjoy-R) - Common Language of the State: English
Recognizes English as the common language of the state and the language used for official public documents and records. Limits the use of other languages by public agencies to specified conditions.
(In Senate Governmental Organization Committee)
Similar legislation is AB 24 (Granlund-R) which is in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee.
SB 1337* (Killea-I) - General Obligation Bonds: Commercial Paper
Allows the State Treasurer's Office to issue general obligation bonds in the form of commercial paper notes and revenue anticipation notes in the form of commercial paper, as specified.
Chapter 697, Statutes of 1995
[PAGE 432]
SB 1345* (Boatwright-D) - State and Local Finance
Establishes the Agricultural Labor Relations Unpaid Wage Fund, into which collected unpaid wages or benefits are to be deposited. Modifies the amounts available for county district attorneys pursuant to referral of child support collection matters in the state. Transfers jurisdiction over state-chartered savings associations from the Department of Savings and Loan to the Commissioner of Corporations. Requires the Arts Council to establish a nonprofit public benefit corporation to solicit and receive funds from various sources to further its goals. Repeals the California Student Loan Authority Act. Terminates the existence of the Housing Bond Credit Committee. Requires the California Debt and Investment Advisory Commission to establish continuing education programs for local officials having direct or supervisory responsibility over municipal investments. Repeals various governing board authorities under the general jurisdiction of the State Treasurer, and consolidates those with the California Development Financing Authority. Establishes the California Health and Educational Financing Authority through consolidation of several existing authorities. Repeals provisions relating to the duties and authority of the State Fire Marshal over state-occupied buildings.
Vetoed by the Governor
Similar legislation is SB 140 (Alquist-D), which is in the Senate Budget and Fiscal Review Committee.
SB 1359* (Senate Rules Committee) - State Government
Renames the Milton Marks Commission on California State Government Organization and Economy to the Milton Marks "Little Hoover" Commission on California State Government Organization and Economy and makes minor technical changes.
Chapter 682, Statutes of 1995
SCA 8 (Greene-D) - Superintendent of Public Instruction
Eliminates the Office of Superintendent of Public Instruction, and provides that the executive director appointed by the State Board of Education shall serve as the Director of the State Department of Education.
(In Senate Education Committee)
[PAGE 433]
SCA 12 (Greene-D) - Elections: Governor and Lieutenant Governor
Requires that a candidate for Governor appear on the statewide general election ballot jointly with a candidate for Lieutenant Governor and be elected by the casting by each voter of a single ballot applicable to both offices
(In Senate Rules Committee)
SCA 20 (Monteith-R) - Contracting Out of State Services
Allows the state to contract with private firms for any current state service or function regardless of existing provisions of the California Constitution.
(Failed passage in Senate Governmental Organization Committee; reconsideration granted)
SCR 4 (Petris-D) - Italian Region of Umbria: Sister State Relationship
Encourages the establishment a sister state relationship between California and the Italian region of Umbria.
Resolution Chapter 39, Statutes of 1995
SCR 6 (Alquist-D) - Joint Legislative Committee on Information Services in State Government
Changes the name of the Joint Committee on Information Technology in State Government to the Joint Committee on Information Services in State Government, and extends its sunset date to January 31, 1997.
(In Assembly Rules Committee)
SCR 8 (Peace-D) - Joint Committee on Coordination of Public Policy Research: Creation
Changes the name of the Joint Committee on Oversight of the State Library to the Joint Committee on Coordination of Public Policy Research, and extends its sunset date to January 31, 1997.
Resolution Chapter 53, Statutes of 1995
[PAGE 434]
SCR 9 (Alquist-D) - Conference of the States: Balance in the Federal System
States the Legislature's intention to appoint a delegation, as specified, to represent this state at a conference of the states to propose, debate, and vote on elements of an action plan to restore checks and balances between states and the federal government.
(Failed passage in Senate Constitutional Amendments Committee)
SCR 11 (Johnston-D) - Alto Republic of the Russian Federation and the State of California
Encourages the establishment of programs for a sister-state relationship between the Alto Republic of the Russian Federation and California.
Resolution Chapter 45, Statutes of 1995
SCR 23 (Marks-D) - Sister-State Relationship: Special Province of Yogyakarta Indonesia
Encourages the Trade and Commerce Agency, the California Environmental Protection Agency, the Department of Food and Agriculture, and the California Energy Commission to assist in the establishment of programs for a sister-state relationship between the Special Province of Yogyakarta, Indonesia and California.
Resolution Chapter 62, Statutes of 1995
SR 7 (Lockyer-D) - Ronald Reagan Freeway
Names the State Highway Route 118 freeway in Southern California as the Ronald Reagan Freeway.
Adopted by the Senate
SR 15 (Lewis-R) - Los Angeles Rams
Urges the National Football League team owners to vote in favor of keeping the Los Angeles Rams franchise in Anaheim.
Adopted by the Senate
Similar legislation is SCR 5 (Lewis-R) which failed passage on the Assembly Floor.
[PAGE 435]
SR 17 (Maddy-R) - Senate Employees
Prohibits any officer or employee of the Senate from engaging in any political fundraising activity benefiting any member of the Senate or candidate for the Senate.
(In Senate Rules Committee)
AB 29 (Katz-D) - Public Contracts: Professional Services: Construction Inspection
Requires any state or local agency to let contracts for construction inspection services on the basis of demonstrated competence and professional qualifications, rather than competitive bidding.
(In Senate Governmental Organization Committee)
AB 141 (Bowen-D) - California Public Records Act: Sale Of Records
Prohibits state and local agencies from providing public records to private entities in a way that would prevent the agency from providing the records directly pursuant to this bill.
Chapter 108, Statutes of 1995
AB 142 (Bowen-D) - Public Records
Requires any agency that has public records in an electronic format to make the information available to any person in the same format at the actual cost of duplicating such records.
(In Assembly Governmental Organization Committee)
AB 220 (Boland-R) - Office of Lieutenant Governor: Abolition
Deletes all statutory references to the Lieutenant Governor, replaces the Lieutenant Governor on the State Lands Commission with a public member appointed by the Governor and approved by the Senate, and abolishes the Commission for Economic Development within the Lieutenant Governor's office.
(In Assembly Elections and Reapportionment and Constitutional Amendments Committee)
[PAGE 436]
AB 255 (Speier-D) - State Agencies: Collection of Accounts Receivable
Requires the Student Aid Commission and permits other state agencies and local agencies to enter into an agreement with the Franchise Tax Board to collect that agency's outstanding accounts receivable in any manner authorized by law for the collection of delinquent personal income tax liabilities.
(Failed passage in Assembly Appropriations Committee; reconsideration granted)
AB 621 (Brulte-R) - Office of Child Development and Education
Establishes the Office of Child Development and Education that would be administered by the Secretary of Child Development and Education. Provides that the secretary would be appointed by the Governor and confirmed by the Senate, would serve as the Governor's chief advocate for children's services, and would assist the Governor in identifying funding priorities and methods of achieving increased coordination and collaboration among state agencies to provide services for children and youth.
(Failed passage in Assembly Consumer Protection, Government Efficiency and Economic Development Committee; reconsideration granted)
AB 700 (Cunneen-R) - Liability: Public Agencies and Employees
Expands the list of hazardous recreational activities to include mountain bicycling and paragliding, thereby granting a qualified immunity for public entities
Chapter 597, Statutes of 1995
AB 734 (Conroy-R) - Public Contracts: Out-of-State Contractors
Requires out-of-state contractors to disclose any rebates, subsidies, and special considerations from their base state and that any such considerations be added to any contract bid submitted to a public entity.
(In Senate Governmental Organization Committee)
[PAGE 437]
AB 907 (Vasconcellos-D) - Capital Outlay Planning: State Agencies
Requires state agencies to prepare and submit, to the Department of Finance (DOF), a list of their capital outlay needs for the next five years. Requires DOF to then annually submit, to the Legislature, at least a five-year master plan for individual capital outlay projects as a supplement to the Governor's Budget.
(In Senate Governmental Organization Committee)
AB 954 (Kuykendall-R) - Government Tort Liability
Provides that a public entity is not liable for an injury to a person or property caused by land subsidence, or landslide arising from construction that occurs merely by virtue of the issuance of a permit.
(In Assembly Judiciary Committee)
AB 1336 (Sweeney-D) - California Progress Commission
Establishes the California Progress Commission, for the purpose of developing indicators of the state's social, economic, community, and environmental health, and to propose benchmarks and goals for each indicator. Specifies that the California Economic Strategy Panel shall serve as the commission. Requires the commission to report to the Governor and the Legislature no later than January 1, 1997, on progress on developing strategic goals and quantified benchmarks. Expresses the intent of the Legislature that the Governor and the Legislature consider progress in meeting these benchmarks in preparing and adopting the annual Budget Act.
Vetoed by the Governor
AB 1358 (Knowles-R) - Public Contracts: Retention Funds
Clarifies that the deposit of retention funds with an escrow agent is at the sole discretion of the public agency, as specified.
Chapter 382, Statutes of 1995
AB 1361 (Knowles-R) - Public Entities: Liability: Litigation Expense
Authorizes the state to indemnify its employees for a punitive damages judgment assessed against the employee.
Chapter 799, Statutes of 1995
[PAGE 438]
AB 1374 (Speier-D) - State Payment Card Act
Requires all state agencies to accept payments made by credit cards or payment devices unless it is not cost-beneficial to do so, or the Director of General Services is not able to negotiate the necessary contracts, as specified.
Chapter 926, Statutes of 1995
AB 1390 (V. Brown-D) - State Government: Performance Audits
Changes the dates by which (1) state fiscal agencies must complete an inventory of state agencies with strategic plans and (2) recommended strategic plans are completed. Creates a state task force to establish a plan to conduct performance audits of agencies with completed strategic plans and requires that the audits begin, from funds appropriated for such purposes, on or after July 1, 1996. Identifies areas that the audits address.
(On Senate Inactive File)
AB 1458 (Granlund-R) - Department of Community Services and Development
Transfers the Department of Economic Opportunity to the Health and Welfare Agency, and revises certain duties of the department and restates certain policies of the state. Makes various technical, conforming changes.
Chapter 187, Statutes of 1995
AB 1459 (Rogan-R) - State Property Disposition Act of 1995
Enacts the State Property Disposition Act of 1995 which requires the Franchise Tax Board to honor accelerated depreciation schedules for any state building that is sold, as specified.
(Failed passage in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee; reconsideration granted.)
AB 1514* (Setencich-R) - Military Department: Functions: Appropriations
Makes certain findings and declarations regarding the function of the State Military Reserve, and annually appropriates $300,000 from the General Fund to the Adjutant General for the State Military Reserve, the California Citizen-Soldier Museum, and the California Cadet Corps.
(In Assembly Governmental Organization Committee)
[PAGE 439]
AB 1577 (Bowen-D) - Digital Signatures
Provides that, in any written communication with a public entity, a signature may be affixed using a digital signature and that in those communications, the use of a digital signature would have the same force and effect as the use of a manual signature if it complies to specified requirements, including a requirement that it conform to regulations to be adopted by the Secretary of State. Exempts certain reports relating to environmental protection. Defines "digital signature".
Chapter 594, Statutes of 1995
AB 1578 (Bowen-D) - Alternative Protest Pilot Project
Establishes the Alternative Protest Pilot Project, as specified, to be administered by the
Department of General Services.
Vetoed by the Governor
AB 1580 (Bowen-D) - Governmental Entities: Release of Personal Information
Requires that each form created by a state or local agency that is required to be completed contain a voluntary release of personal information clause.
(In Assembly Local Government Committee)
AB 1688 (Escutia-D) - Legal Proceedings: Governor
Prohibits the Governor from initiating legal proceedings that oppose or seek to overturn state or federal law.
(In Assembly Judicial Committee)
AB 1719 (Isenberg-D) - Public Officers and Employees: Retirement
Reduces the salary of the Governor, Lieutenant Governor, Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer or members of the Board of Equalization or the Legislature by the amount of any retirement allowance received from any state or local retirement plan.
(On Assembly Inactive File)
[PAGE 440]
AB 1788 (Brewer-R) - Office of Permit Assistance
Requires the Trade and Commerce Agency to implement a grants program within the Office of Permit Assistance to award grants to local entities to be used to implement local permit streamlining programs.
Chapter 717, Statutes of 1995
AB 1880 (Machado-D) - State Contract Act: Bidders: Questionnaire
Requires the Departments of General Services, Water Resources, Boating and Waterways and Corrections to include on the questionnaire required for public bid an inquiry as to whether the bidder or their employee has ever violated any provision of State Contractor's Law or any provision of law relating to wages, working hours or securing workers' compensation with respect to public contracts.
(In Senate Governmental Organization Committee)
AB 1929 (Sweeney-D) - Planning: Permit Streamlining Act Permit Process: Regional Planning
Allows cities and counties to agree on joint open-space planning. Authorizes the Office of Permit Assistance to facilitate intergovernmental planning, and makes a technical change to that law.
(On Senate Inactive File)
ACA 6 (Boland-R) - Office of Lieutenant Governor: Abolition
Abolishes the Office of the Lieutenant Governor, and transfers specified duties of the Lieutenant Governor to the Attorney General.
(In Assembly Elections, Reapportionment and Constitutional Amendments Committee)
ACA 11 (Morrow-R) - State Functions: Contracting Out
Provides that nothing in the existing civil service law shall prohibit the Legislature, by statute, from authorizing the state to contract out any state function
(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)
[PAGE 441]
ACA 24 (Baldwin-R) - Actions by Public Agencies to Prevent Implementation of Constitutional Amendments and Revisions
Amends the State Constitution to prohibit public agencies from expenditures challenging the constitutionality or enforcement of proposed amendments or revisions to the State Constitution, from preventing placement of such changes on ballots, or advocacy related thereto; and requires procedures for voter approval, as specified.
(In Assembly Local Government Committee)
ACA 26 (Goldsmith-R) - Lieutenant Governor: Term of Office: Assembly Organizational Session
Requires the Lieutenant Governor to take the chair, and preside over all proceedings, of the Assembly organizational session. The organizational session would continue until the Speaker is elected.
(In Assembly Rules Committee)
ACR 21 (Davis-D) - League of Women Voters' 75th Anniversary
Recognizes the important and unique contributions of the League of Women Voters during its 75th-year history as a nonpartisan educational organization dedicated to increasing voter awareness and participation. Honors the contributions made by the League of Women Voters and memorializes their 75th anniversary.
Resolution Chapter 38, Statutes of 1995
ACR 24 (Vasconcellos-D) - California-Japan Business Relations: Honorary Goodwill Ambassadors
Requests the Governor to accept the invitation of the Japanese business community to appoint an Honorary Goodwill Ambassador to assist in promoting business between California and Japan, and requests the Governor to invite the Japanese Government to also designate an Honorary Goodwill Ambassador.
Resolution Chapter 60, Statutes of 1995
[PAGE 442]
ACR 38 (W. Murray-D) - Juneteenth, Black Independence Day
Declares June 19 to be permanently known as Juneteenth throughout the State of California. Urges all Californians to reflect on the significant role that African Americans have played in the history of the United States and on the positive impact that they continue to make on society.
Resolution Chapter 61, Statutes of 1995
ACR 43 (McDonald-D) - Women's Equal Status: Contributions
Recognizes, as the Legislature and the State of California celebrate the 75th anniversary of the passage of the 19th Amendment to the United States Constitution, the contributions of women to the movements to end slavery, give women the right to vote, and provide equality of opportunity in the United States.
Resolution Chapter 76, Statutes of 1995
ACR 45 (Lee-D) - Commission on the Status of African-American Males
Recreates the California Commission on the Status of African-American Males, retains the same 21 persons appointed to the former commission along with the same duties and responsibilities, and requires a report of its findings and recommendations be submitted to the Legislature and Governor by August 31, 1996. Terminates the commission on August 31, 1996.
Resolution Chapter 74, Statutes of 1995
ACR 46 (Alpert-D) - World Peace Rose Garden Memorial
Recommends that a privately funded World Peace Rose Garden Memorial be established at the State Capitol Park grounds.
Resolution Chapter 98, Statutes of 1995
GRP 1
Merges the California State Police, their statutory authorities, personnel, equipment, and funding, presently under the Department of General Services, into the California Highway Patrol, under the Business, Transportation and Housing Agency, as specified.
Plan took effect July 12, 1995
[PAGE 443]
GRP 2
Abolishes the State Energy Commission and shift most of its powers and duties to a newly created Department of Energy and Conservation. Transfers all functions of the Department of Conservation to the new department. Establishes a 5-member State Energy Facilities Siting Board, within the new department, vested with the same energy facility siting responsibilities of the former Energy Commission
(Failed passage on Senate Floor due to the adoption of SR 30 (Alquist-D); re-referred to Senate Energy, Utilities and Communications Committee)
GRP 3
Merges the Office of the State Fire Marshal, and the office's statutory authorities, personnel, equipment and funding, presently under the State and Consumer Services Agency, into the Department of Forestry and Fire Protection under the State Resources Agency. Provides that the major objective of this merger is the attainment of enhanced levels of firefighting capabilities and an even stronger focus on fire prevention for California.
Plan took effect September 6, 1995
[PAGE 444]
Orange and Los Angeles Counties
ORANGE COUNTY/LOS ANGELES COUNTY RECOVERY LEGISLATION
On December 6, 1994, Orange County filed for bankruptcy under Chapter 9 of the federal Bankruptcy Code. The county's action resulted from a $1.7 billion loss to its Investment Pool, a depository for the surplus and borrowed funds of the county and approximately 196 cities, school districts and special districts. Orange County's losses stemmed mostly from its aggressive strategy that relied on revenue-repurchase agreement and derivatives, and a lack of adequate liquidity. The Senate Local Government Committee held a number of special hearings which delved into Orange County's problems.
Included in this section are (1) bills which reached the Governor's Desk (including legislation which was a response to Orange County's problems, i.e., more accountability by treasurers and the board of supervisors, and qualifications of those who make investments; and (2) a list of bills which did not reach the Governor's Desk which were major.
Also in 1995, Los Angeles County was found to have a $1.2 billion budget gap. Legislation was proposed to enable the county to restructure and continue vital public health, immigration and emergency medical services. In September 1995, President Bill Clinton presented Los Angeles County with a $325 million grant to assist in keeping its health facilities operating.
[PAGE 445]
ORANGE COUNTY
I. Legislation Which Reached the Governor's Desk
SB 75 (Polanco-D) - Orange County: Revenues
Provides for guidelines for Orange County to adhere to relative to addressing fiscal problems through fiscal realignment revenues. Allows, upon enactment of subsequent legislation, for a state-appointed trustee for Orange County to use a combination of transportation funds and property tax revenues to pay off debt that would be issued as part of a financial recovery plan.
Vetoed by the Governor
Similar legislation is AB 1218 (Escutia-D), which is on the Assembly Inactive File.
SB 474 (Mello-D) - Mello-Roos Law: Investments
Imposes strict investment policy guidelines on Mello-Roos revenues.
Vetoed by the Governor
SB 564 (Johnston-D) - Local Agency Treasurers
Places requirements upon local treasurers to provide governing boards and oversight committees with an annual statement of investment policy, and to provide quarterly reports containing specified financial information.
Chapter 783, Statutes of 1995
Similar legislation includes SB 117 (Lewis-R), which is in Senate Appropriations Committee; SB 865 (Craven-R), which is in Senate Local Government Committee; SB 3XX (Lewis-R), which is in Senate Local Government Committee; and AB 2XX* (Caldera-D), which is in Assembly Rules Committee.
[PAGE 446]
SB 863 (Craven-R) - Orange County: Financial Relief
Requires that property tax allocations to the Orange County Flood Control District be reduced by $4 million, and allocations to the Harbors, Beaches and Parks Fund be reduced by $4 million and allocated to the county. Prohibits property tax transfers from adversely affecting the Santa Ana River Flood Control projects. Requires the county's property tax bill to include a statement that property taxes may be used to implement the county recovery plan. Starting on July 1, 1996 and lasting 20 years, the Orange County Development Agency must transfer $4 million to the county general fund, as specified. Becomes operative only if SB 727, SB 1276 and AB 1664 become operative.
Chapter 745, Statutes of 1995
SB 866 (Craven-R) - Local Government: Investments and Fiscal Accountability
Prohibits local agencies from investing the proceeds from the anticipation warrants, revenue anticipation notes, and grant anticipation notes, or funds set aside for repayment of notes, for a term that exceeds the terms of the notes. Also allows the Orange County Board of Supervisors to enact an ordinance adopting certain qualifications for various fiscal offices, as specified.
Requires the board of supervisors in a county, or city and county, that is investing surplus funds to establish a country treasury oversight committee, as specified, and requires the county treasurer in counties which establish such a committee to prepare an investment policy to be reviewed and monitored by the committee. Also provides for audits.
Chapter 784, Statutes of 1995
Similar legislation includes SB 861 (Craven-R) and SB 863 (Craven-R), which were used for other purposes, and SB 864 (Craven-R), which is in the Assembly Local Government Committee.
SB 1276 (Killea-I) - Orange County: Trustee
Allows the Governor to appoint an individual to serve as trustee for Orange County if the county board of supervisors has not filed a plan of adjustment with the bankruptcy court by January 1, 1996. The trustee is to be appointed by May 1, 1996 if such a plan of adjustment is not filed. Requires Orange County to pay the Orange County Transportation Authority $1,916,667 of the county's motor vehicle fuel tax receipts each month from July 1997 to June 2013. Double-joined with SB 727, SB 863 and AB 1664.
Chapter 747, Statutes of 1995
[PAGE 447]
SB 4XX* (Lewis-R) - Orange County: State and Local Transportation Partnership Program
Extends for one year the June 30, 1995 deadline for the letting of construction contracts on Orange County transportation projects eligible for 19.35 percent of funding under the State and Local Transportation Partnership Program.
Chapter 6, Statutes of Second Extraordinary Session of 1995
SB 7XX* (Lewis-R) - Orange County: Finances
Authorizes the Orange County Board of Supervisors, by a 4/5 vote, to sell or assign joint powers authority (JPA) obligations arising out of delinquent property taxes or assessments, and to transfer the county Tax Losses Reserve Fund to the JPA. Authorizes the JPA to issue 20-year bonds to finance the advances of delinquent taxes and assessments to other local taxing agencies.
Chapter 1, Statutes of Second Extraordinary Session of 1995
SB 8XX* (Lewis-R) - Orange County: Finances
Establishes a mechanism to intercept county vehicle license fee revenue if other revenues are insufficient to retire refinancing bonds that Orange County issues to honor warrants to other local agencies.
Chapter 2, Statutes of Second Extraordinary Session of 1995
A similar bill is AB 21XX (Pringle-R), which is on the Assembly Third Reading File (it applies to all counties).
SB 9XX* (Lewis-R) - Orange County: Sale of Property
Allows the Orange County Board of Supervisors to waive the statutory requirements pertaining to the sale and lease of county-owned property in an effort to expedite the process.
Chapter 3, Second Extraordinary Session of 1995
SB 10XX (Killea-I) - Orange County Assistance Authority
Allows the Governor to create an assistance authority for Orange County consisting of the Controller, the Treasurer and the Director of Finance, upon findings that serious difficulties in Orange County governmental finance jeopardize the health, safety or well-being of county residents, as specified.
Vetoed by the Governor
[PAGE 448]
SB 12XX* (Lewis-R) - Orange County: School Surplus Property
Allows school districts and community college districts in Orange County, under specified conditions, to sell surplus property and use the proceeds for general fund purposes of the district.
Chapter 7, Statutes of Second Extraordinary Session of 1995
SB 17XX* (Craven-R) - Orange County: Solid Waste Handling
Grants Orange County a one-time exemption from the California Environmental Quality Act, with specific conditions, if the county's ordinance is amended to accept solid waste from out of the county.
Chapter 4, Statutes of Second Extraordinary Session of 1995
SB 18XX* (Craven-R) - Orange County: Finances
Permits a county to authorize the Controller to transfer vehicle license fee (VLF) revenue to a trustee appointed by a county which is securing a lease-purchase bond with VLF revenue. Permits a county board of supervisors to pledge specific revenues as security to sale-leaseback bonds. Permits Orange County to pledge VLF revenue as security for certificates of participation or lease revenue bonds issued in 1995 or 1996 which are not secured by enterprise revenues.
Chapter 5, Statutes of Second Extraordinary Session of 1995
AB 146* (Allen-R) - Orange County: School Finance
Allows school agencies that lost money in the bankrupt Orange County Investment Fund to backfill their loss in operating funds with the proceeds of certificates of participation.
Chapter 8, Statutes of 1995
[PAGE 449]
AB 200 (Brewer-R) - Orange County Recovery Plan
Prohibits any refunding obligations from having a final maturity later than the final maturity of the refunded obligations. Permits a plan of adjustment to contain other terms and provisions which are not inconsistent with the joint agreement of the County of Orange, the official Investment Pool Participants' Committee and each Option A Pool Participant for recalculation of all claims against the County of Orange. Revises dates during which $1,916,667 per year of transportation funds would be apportioned to the County Transportation Authority, instead of to the county as proposed in SB 1276.
Chapter 748, Statutes of 1995
AB 1664 (Allen-R) - Orange County Recovery Plan
Allows Orange County to modify its contract with the State Board of Equalization to require that $3,166,667 of the Bradley-Burns sales tax revenue which would otherwise be deposited in the local transportation fund be deposited into the Orange County General Fund each month, as specified. Allows the county to guarantee its certificates of participation and lease revenue bonds with sales tax revenues in one of two ways: interest mechanism or payment of pledges. Provides for procedures concerning a litigation fund that may be established as part of the bankruptcy agreement. Double-joined with SB 727, SB 863 and SB 1276.
Chapter 746, Statutes of 1995
[PAGE 450]
OTHER ORANGE COUNTY RELATED LEGISLATION
SB 27 (Kopp-I) - Local Government: Investments
Limits local officials' investment options, prohibits the legislative body of a local agency from investing funds in an investment that has a term remaining to maturity over five years, and instructs broker-dealers to presume local agencies to be unsophisticated investors with respect to investments.
(Died in Senate Appropriations Committee)
Similar legislation is AB 47* (Pringle-R), which is in Assembly Local Government Committee, and AB 13XX (Pringle-R), which is in Assembly Rules Committee.
SB 62 (Hayden-D) - Local Agencies: Contributions to Elected Officials
Prohibits brokers, securities firms, and investment advisors from contributing to the reelection campaigns of the local agency officials who award contracts and requires more disclosure from local officials, agencies' treasurers, and brokers and dealers.
(Failed passage in Assembly Elections, Reapportionment and Constitutional Amendments Committee; reconsideration granted)
SB 99 (Kopp-I) - Local Agencies: Financial Responsibilities
Specifies that county treasurers and boards of supervisors are fiduciaries subject to the prudent investor standard. Specifies the objectives that a treasurer must meet when investing, reinvesting, acquiring, exchanging, selling and managing public funds. Specifies investment goals.
(In Senate Judiciary Committee)
SB 340 (Campbell-R) - Government Finance: Investment of Funds
Requires the value of investments to be determined monthly. Restricts investment in derivative investments. Prohibits the use of deposited or invested local agency funds as collateral to secure the purchase of any other investment.
(In Assembly Rules Committee)
[PAGE 451]
SB 417 (Hurtt-R) - Local Agencies' Investment Maturities
Limits the maximum maturity of local agency investments, other than pension funds, deferred compensation funds and self-insurance funds. Specifically, 90 percent of the invested surplus funds would mature within one year. The remaining 10 percent of the funds would mature within three years. These latter funds could be reinvested for another three years, after which the funds would have to be spent for their intended purpose. Also limits the maturity for collateralized mortgage obligations and other specified investments for pensions, self-insurance funds and deferred compensation funds to five years, and to one year for other invested funds.
(Failed passage in Senate Local Government Committee; reconsideration granted)
SB 568 (Hurtt-R) - Government Treasurers
Requires the State Treasurer and treasurers of any local agency to be registered as a broker or securities dealer if the treasurer has statutory authority to make investments or manage funds, as specified.
(In Senate Governmental Organization Committee)
SB 714 (Watson-D) - Orange and Los Angeles Counties: Financial Relief
Contains various provisions which provide financial relief to Orange and Los Angeles Counties by (1) reducing general assistance, (2) repealing the maintenance of effort requirements for the counties to meet in exchange for receiving their apportionments of certain gas tax revenues, (3) allowing the counties to participate in the State-County Property Tax Administration Program, and (4) reducing the threshold levels in the Teeter Plan if these counties opt to use the plan.
(On Assembly Inactive File)
SB 867 (Craven-R) - Local Agency Investments
Limits the terms of a re-purchase or reverse re-purchase to one year or less. Limits the type of securities that may be subject to a re-purchase or reverse re-purchase agreement, and stipulates that the market value of the securities purchased under a re-purchase agreement is required to be at 102 percent or greater of the dollars invested to be adjusted quarterly.
(Died in Senate Appropriations Committee)
[PAGE 452]
SB 868 (Craven-R) - Local Agency Investment Yields
Prohibits counties, general law and charter cities, special districts, community college districts and K-12 school entities from investing or depositing money in any security that could result in zero interest accrual periods.
(Died in Senate Appropriations Committee)
SB 999 (Craven-R) - Local Agencies: Financial Matters
Establishes the Local Agency Assistance Commission to provide advice and assistance upon request to any local agency that is facing severe financial difficulties, as specified.
(In Senate Local Government Committee)
Similar legislation is SB 1260 (Lewis-R), which is in Senate Local Government Committee.
SB 1272 (Killea-I) - Local Governmental Finance
Deletes certain investments that are presently permissible for local agency surplus funds and funds generally, as specified. Prohibits an investment structured to pay interest at other than a fixed rate at regular intervals, and prohibits an investment made on behalf of any other local agency, with specified exceptions.
(In Senate Local Government Committee)
SB 1273 (Killea-I) - School Districts: Funds
Specifies that the provision generally pertaining to the deposit of money in the county treasury is not to be construed to impede the ability of, or prohibit a school district from, investing surplus funds as otherwise authorized by law.
(In Senate Education Committee)
SB 1274 (Killea-I) - Municipal Bankruptcy
Provides that any municipality in this state is authorized to be a debtor and file for adjustment of debts pursuant to specific provisions of federal law relating to municipal bankruptcy.
(In Senate Local Government Committee)
Similar legislation is AB 2XX* (Caldera-D), which is the Assembly Rules Committee, and AB 29XX (Archie-Hudson-D), which is in Assembly Rules Committee.
[PAGE 453]
SB 1278 (Killea-I) - Local Governmental Finance
Prohibits a securities broker-dealer from acting as a combined broker, underwriter and lender to local governments with investment pools of surplus funds, and provides that a single broker-dealer may not act as the underwriter, broker or lender on no more than 20 percent of a local agency's total investments. Specifies the duties of a financial professional.
(In Senate Financial Investment and International Trade Committee)
SB 1XX (Hurtt-R) - Orange County: Contracts for Service
Allows Orange County to contract for service delivery, provided it can show the alternative service delivery would be more economical.
(Failed passage in Senate Local Government Committee; reconsideration granted)
Similar legislation is AB 6XX* (Conroy-R), which failed passage on Assembly Floor.
SB 2XX* (Hurtt-R) - Orange County: State-mandated Programs
Appropriates $14,800,000 as an advance payment to Orange County against reimbursement for fiscal years 1995-96 and 1996-97 for the following state-mandated programs: (1) Payment of district attorney expenses in child custody cases, (2) educational services for handicapped children, and (3) domestic violence diversion.
(Failed passage on Assembly Floor)
SB 13XX (Kopp-I) - Local Agencies: Financial Affairs
Requires that financial services contracts for bond counsel, underwriters and related service providers be awarded by competitive bid or, under specified circumstances, competitive negotiation. Requires that borrowing decisions involving at least $100,000 be discussed as a separate agenda item. Restricts to one-year renewable periods the current authority of the local governing body to delegate investment decisions to the local treasurer.
(Held at Assembly Desk)
[PAGE 454]
SB 14XX (Kopp-I) - Local Government Finances
Limits local agency investments of surplus funds in repurchase and reverse repurchase agreements and derivatives. States the presumption that a local agency is an unsophisticated investor in transacting investment business with broker-dealers, and provides to the agency the right to rescind investment transactions which have been determined to be unsuitable.
(Held at Assembly Desk)
SB 15XX (Kopp-I) - Local Agencies: Financial Responsibility
Makes local governing bodies, county treasurers, broker-dealers and investment advisers fiduciaries in the investment of public funds. Establishes priority obligations of safety, liquidity and yield when investing public funds.
(Held at Assembly Desk)
SB 19XX (Kopp-I) - Trustees for Bankrupt Local Agencies
Allows the Governor, whenever any municipality files as a debtor under federal bankruptcy law, to appoint a trustee to oversee that municipality. Requires the Governor to issue an executive order indicating the specific powers to be assumed by the trustee. Provides that a municipality may only file under the federal bankruptcy law with the approval of the Local Agency Bankruptcy Committee that would consist of the Controller, the Treasurer, and Director of Finance, as specified.
(Held at Assembly Desk)
SB 20XX (Kopp-I) - Public Financing
Allows the state, or any county or local agency, to suspend from contracting any financial securities broker, dealer, advisor or investment firm in any capacity who has been, or is, the subject of regulatory proceedings involving false or misleading statements, fraud, or other violations of federal or state securities law within the past 24 months.
(In Senate Appropriations Committee)
[PAGE 455]
SB 21XX (Kopp-I) - Local Government Finance
Makes changes in the laws governing local agencies' deposits and investments, including allowing local agencies to deposit money in a credit union. Extends conflict-of-interest laws currently in place for credit unions to banks and associations.
(Held at Assembly Desk)
Similar legislation is SB 801 (Monteith-R), which is in the Senate Local Government Committee.
AB 136 (Pringle-R) - School Districts: Investments
Requires governing boards of K-12 and community college districts to develop a written investment policy statement that establishes a clear understanding between the district and the district's investment advisor as to the district's investment objectives with regard to surplus and non-surplus funds.
(Held under submission in Senate Appropriations Committee)
AB 3XX* (Johnson-R) - County Funding
Suspends maintenance of effort requirements on various programs which counties must provide, as specified. Before the June 28, 1995 version, it applied only to Orange County.
(On Assembly Third Reading File)
AB 4XX* (Morrissey-R) - Orange County: Corrections
Establishes a two-year pilot project in Orange County to allow the sheriff to charge a fee of $10 for each inmate-initiated medical visit, except as limited by the inmate's ability to pay.
(On Assembly Third Reading File)
AB 5XX* (Morrissey-R) - Orange County: Fiscal Relief
Allows Orange County to receive advances in both state and federal funds, as specified, and to use state categorical funds for any lawful purpose under the categorical program, as specified.
(Failed passage on Assembly Floor)
[PAGE 456]
AB 7XX* (Conroy-R) - Orange County: Public Defenders
Allows the Orange County Public Defender to collect a retainer of up to $25 from each client, as specified.
(Failed passage on Assembly Floor)
AB 8XX* (Brewer-R) - General Assistance Programs
Relieves, for a two-year period, counties' responsibility to provide for indigents, and permits them to fund general assistance programs at whatever level each county deems fiscally possible. Before the June 28, 1995 version, it applied only to Orange County.
(Failed passage on Assembly Floor)
AB 10XX* (Brewer-R) - Orange County: Correctional Treatment Centers
Allows Orange County to exempt itself from the application of state regulations governing the licensure of correctional treatment centers for a two-year period after the initial statewide implementation date.
(On Assembly Third Reading File)
AB 11XX (Brewer-R) - Public Social Services
Allows all counties to reduce or eliminate various public social services programs.
(On Assembly Third Reading File)
AB 14XX* (Pringle-R) - School Finance: Investment Policy Statement
Requires the governing board of a school district or community college district which maintains an asset allocation portfolio to develop written investment policy statements.
(In Assembly Rules Committee)
[PAGE 457]
AB 15XX* (Pringle-R) - Orange County: Sale of Assets
Allows Orange County to expedite the sale of county assets, as specified, the proceeds of which sale are to be paid into the county general fund.
(Failed passage on Assembly Floor)
AB 16XX* (Pringle-R) - County Funds
Allows any county board of supervisors to borrow surplus funds not needed for immediate use or for debt service on revenue bonds from enterprise funds established by the county to use for general fund purposes. Sunsets January 1, 1998. Before the June 28, 1995 version, the bill applied only to Orange County.
(On Assembly Third Reading File)
AB 17XX* (Pringle-R) - Orange County: AFDC Fingerprinting
Expands to Orange County the Automated Fingerprint Image Reporting and Match System of Los Angeles County.
(On Assembly Third Reading File)
AB 18XX (Pringle-R) - County Expenditures
Provides fiscal relief to counties by reducing a county's share of costs in an amount reflective of the savings achieved in the 1994-95 fiscal year (FY) in state-county expenditures for programs compared to the budgeted level of spending for those programs in the same FY. Before the June 28, 1995 version, the bill applied only to Orange County.
(On Assembly Third Reading File)
AB 19XX* (Pringle-R) - South Coast Air Quality Management District (SCAQMD)
Exempts counties and public agencies located in the South Coast Air Quality Management District from trip reduction plans or requirements adopted by the district for a period of two years. Before the June 28, 1995 version, the bill applied to Orange County.
(On Assembly Third Reading File)
[PAGE 458]
AB 20XX* (Morrow-R) - Orange County: Solid Waste Fee
Exempts Orange County, temporarily, from payment of the solid waste disposal fee.
(On Assembly Third Reading File)
AB 22XX* (Allen-R) - Local Agencies: Issuance of Notes
Specifies that a note of indebtedness may be made payable during a fiscal year succeeding the fiscal year in which it is issued, but no later than 15 months after the date of issue, and that it may bear interest not to exceed the rate allowed for local agency bonds.
(On Assembly Third Reading File)
AB 25XX (Morrissey-R) - Cruising
Allows local governments to enact an ordinance which prohibits cruising, as specified.
(Failed passage on Assembly Floor)
AB 26XX* (Caldera-D) - Orange County: Finances
Creates the Orange County Education and Municipal Assistance Financing Authority to issue various notes and bonds to repurchase outstanding debt that was issued by Orange County and to make loans to school districts that did not receive a 100 percent return of principal that was invested or deposited in the county investment pool.
(Failed passage on Assembly Floor)
AB 27XX* (Sweeney-D) - Local Governmental Finance
Requires that various financial statements required to be done by law be given to various officials.
(In Assembly Rules Committee)
[PAGE 459]
AB 28XX* (Brewer-R) - Orange County: Local Agency Financing
Allows Orange County to establish a transfer schedule for the Controller to make the apportionments from the Motor Vehicle License Fee Account in the Transportation Tax Fund to a trustee, as specified.
(On Assembly Inactive File)
AB 30XX (Archie-Hudson-D) - Local Agency Investment
Specifies standards for management of local agency investments.
(In Assembly Rules Committee)
AB 42XX (Goldsmith-R) - Local Agencies: Financial Affairs
Requires that any contract by a local agency with any party or parties for the performance of financial services be awarded by competitive bidding.
(In Assembly Rules Committee)
[PAGE 460]
SB 75 (Polanco-D) - Los Angeles County: Transit Funds
Transfers to Los Angeles County up to $75 million a year of transit funds for the next five years.
Vetoed by the Governor
Similar legislation is AB 1218 (Escutia-D), which is on the Assembly Inactive File.
SB 478* (Solis-D) - Medi-Cal: Disproportionate Share Hospitals
Allocates for 1995-96 an additional $402 million to the public, disproportionate share hospitals. Los Angeles would have received $189 million in federal funds for hospitals.
(In Assembly Appropriations Committee)
A companion bill was AB 1807* (Friedman-D), which alters the distribution of payments to hospitals which exceed the OBRA 1993 cap, distributing excess funds to other eligible hospitals within their caps. The bill is on the Assembly Unfinished Business File. Also AB 54XX* (Friedman-D) is similar to AB 1807 and is in the Assembly Rules Committee.
SB 727 (Polanco-D) - Los Angeles County: Fiscal Accountability and Transportation Monies
Requires Los Angeles County to submit its budget to the Governor, the Legislature and state auditors. Requires the State Auditor to prepare an audit assessing the county's fiscal condition to be submitted by March 31, 1996. Requires the State Auditor to perform a semiannual review of the county's finances and report to the Governor and the Legislature by September 30, annually, until 1998. Requires the Legislative Analyst to conduct a review of the current county fiscal emergency and to make recommendations for structural changes in federal, state and county fiscal and program relationships and county operations that will minimize future fiscal emergencies and promote long-term fiscal viability.
[PAGE 461]
Allows the Los Angeles County Board of Supervisors to divert to the county general fund up to $150 million on the local transaction and use tax revenues that would otherwise have been allocated to the Los Angeles County Metropolitan Transit Authority (MTA). Requires the county to repay the MTA from transportation revenues for any amount diverted by the county in excess of $50 million. Amortizes the required payments over a five-year period. Double-joined with SB 1055.
Chapter 518, Statutes of 1995
Similar legislation is AB 57XX (Martinez-D), which is in Assembly Rules Committee. SB 714 (Watson-D) contained the fiscal accountability parts of SB 727. It was more extensive in that it tried to provide relief for both Orange County and Los Angeles County. It is on the Assembly Inactive File.
SB 1055 (Rosenthal-D) - Medi-Cal: Health for Indigents
Extends the California Health Care for the Indigent (CHIP) maintenance-of-effort (MOE) requirements in place for the 1994-95 fiscal year to the 1995-96 fiscal year, with modifications for Los Angeles County. The county retains about $72.8 million in Proposition 99 funding under CHIP by allowing the county to count funds other than county funds for up to $110 million of the MOE base.
Chapter 517, Statutes of 1995
AB 53XX* (Bowen-D) - Los Angeles County: Finance
Creates the California Intergovernmental Cooperation Authority to assist the County of Los Angeles in solving its budgetary and financial problems and helping it to achieve and maintain access to the capital markets, as specified.
(In Assembly Rules Committee)
[PAGE 462]
Other Local Government Legislation
SB 2 (Kopp-I) - Local Officials: Term Limits
Allows the adoption or repeal of term limits on mayors and members of county boards of supervisors, city councils, county boards of education, school district boards, community college district boards, and special district governing boards. Term limits would be prospective in nature, initiated by the governing boards or by the voters through the initiative process and operative only upon approval by a majority of the electorate.
Chapter 432, Statutes of 1995
SB 11 (Ayala-D) - State Mandated Local Programs
Enacts the Ayala-Monteith-Johannessen Mandate Relief and Reform Act of 1995 by modifying and establishing timelines for the processing of state reimbursements of claims filed by local governments and school districts for state-mandated programs.
Chapter 945, Statutes of 1995
Similar legislation was SB 19 (Johannessen-R) which is in Assembly Local Government Committee and SB 805 (Monteith-R) which is in Assembly Local Government Committee.
SB 77 (Mello-D) - Fort Ord Redevelopment
Extends the period of time during which the Redevelopment Agency of Fort Ord would be allowed to waive a portion of the deposit required to be made to its Low- and Moderate-Income Housing Fund.
Chapter 45, Statutes of 1995
Other bills included in a Fort Ord package were as follows:
SB 78 (Mello-D) - Fort Ord
Exempts the Redevelopment Agency of Ford Ord from the requirement to replace demolished housing units if they were built before January 1, 1970.
(In Assembly Housing and Community Development Committee)
[PAGE 463]
SB 79 (Mello-D) - Fort Ord
Repeals the tax increment payment schedule from Fort Ord Redevelopment Agency project areas (ROA) to school districts and community college districts. Substitutes a new formula which takes effect after the Fort Ord ROA receives $100,000 in tax increment funds.
(In Senate Local Government Committee)
SB 80* (Mello-D) - Fort Ord
Allows the Fort Ord Reuse Authority to use a master environmental impact report for the Fort Ord Reuse Plan, and provides for specified projects to proceed during the environmental impact report process.
(In Assembly Local Government Committee)
SB 1036 (Mello-D) - Fort Ord
Allows the Redevelopment Agency of Fort Ord to use property tax increment revenue to finance facilities owned or operated by the University of California or the California State University, as specified.
Chapter 441, Statutes of 1995
SB 81* (Marks-D) - Land Use: Military Bases
Allows cities and counties to adopt ordinances that allow buildings on closed military bases to come into compliance with state and local building codes over a period of up to 10 years, under specified conditions.
Chapter 469, Statutes of 1995
SB 84* (Greene-D) - Local Government Finance: Property Tax Allocation
Modifies the Educational Revenue Augmentation Fund provisions of the Revenue and Taxation Code in order to provide a restoration of funds to various park and recreational districts from property taxes shifted to schools. Appropriates $36,004.
Vetoed by the Governor
Similar legislation is AB 439* (McPherson-R) which failed passage in Assembly Appropriations Committee; reconsideration granted.
[PAGE 464]
SB 124* (Leslie-R) - Local Government Finance: Property Tax Revenue Shift
Allows counties who pay for fire protection services with general revenues to shift additional property tax funds from schools to the county. Requires a county that receives property tax revenues pursuant to this authorization to expend those recovered amounts solely for the purpose of funding public safety services. Also modifies San Luis Obispo funding as it relates to the Educational Revenue Augmentation Fund. Appropriates $243,620 from the General Fund.
Chapter 501, Statutes of 1995 - Item Vetoed
Governor item vetoed the money.
SB 127 (Thompson-D) - Local Services
Makes permanent a provision of law relieving rural counties which contract with the state for local health services from making payments to the state for contract positions that have remained vacant. Corrects pre-existing errors in the statutory formulas for allocating sales tax and vehicle license fee revenues to counties starting in the 1995-96 fiscal year. Makes county medical service governing boards subject to the Ralph M. Brown Act, instead of the Bagley-Keene Open Meeting Act.
Chapter 547, Statutes of 1995
SB 149 (Johannessen-R) - New Cities' Subventions
Extends 8-year and 5-year limitations on one way of calculating vehicles license fee revenues to cities and cities and counties, to 10 years and 7 years depending on when a new city was incorporated. Does not apply to cities that have adopted an ordinance or resolution, approved a ballot measure, or is subject to a consent decree or court order, that annually limits the number of housing units that may be built within the city.
Vetoed by the Governor
SB 150 (Johannessen-R) - Small Counties: Vehicle License Fees
Defines city and county to include a county that does not contain any incorporated cities for purposes of vehicle license fee, gas tax, and diesel tax proceeds.
(Failed passage in Senate Local Government Committee)
[PAGE 465]
SB 167 (Polanco-D) - Local Agencies: Peace Officers' Time Banks
Allows specified peace officers to donate up to 16 hours per year of vacation time or holiday compensation, to a time bank for purposes of supporting their employee organization.
(In Senate Governmental Organization Committee)
SB 192 (Mello-D) - Special Districts
Allows the legislative body of a special district to exempt real property owned and used for religious worship by a religious organization from any assessment imposed by a special district as specified.
(Failed passage in Senate Local Government Committee; reconsideration granted)
SB 203* (Leslie-R) - Local Government Finance
Alters the property tax reduction and transfer provisions for Mono County. Limits the amount of Educational Revenue Augmentation Fund (ERAF) money, for the 1995-96 fiscal year only, to be allocated to the county superintendent of schools in Marin County for special education programs to $15 million, and prohibits any ERAF money from being allocated to Mono County for these programs.
Chapter 500, Statutes of 1995
SB 251 (Ayala-D) - San Bernardino County Flood Control District
Allows the San Bernardino County Board of Supervisors acting as the board of the county flood control district to levy and collect a tax or assessment for purpose of paying the costs of carrying out those activities in connection with the national pollutant discharge elimination system, as specified under federal law.
(In Assembly Local Government Committee)
SB 263 (Kelley-R) - Public Funds: Accounts Receivable
Requires public agency contracts to specify that debt collectors maintain an office in California for handling California-based debt.
(In Senate Local Government Committee)
[PAGE 466]
SB 288 (Russell-R) - Parking and Business Improvement Assessment Areas
Requires the city council, upon the retirement of any outstanding and unpaid indebtedness, to disestablish an improvement area if requested to do so by a specified number of the owners of businesses that pay assessments.
(In Assembly Local Government Committee)
SB 378 (Calderon-D) - Fire Departments: Structural Pest Control
Prohibits local fire departments from charging any fees for any service related to structural pest control activities, except for emergency response costs necessitated by illegal or negligent actions.
Chapter 691, Statutes of 1995
SB 382 (Lewis-R) - Air Pollution: Trip Reduction
Prohibits air districts and other local agencies from requiring businesses to reduce shopping trips or to charge for parking at shopping centers, as specified.
Chapter 368, Statutes of 1994
SB 437 (Lewis-R) - Air Pollution: Trip Reduction
Prohibits air districts and other public agencies from imposing any requirement on any employer to implement a trip reduction program unless the program is expressly required by federal law and the elimination of the program would result in the imposition of federal sanctions.
Chapter 607, Statutes of 1995
SB 456 (Kelley-R) - South Coast Air Quality Management District
Changes the South Coast Air Quality Management District's process for establishing and revising their best available control technology.
Chapter 837, Statutes of 1995
[PAGE 467]
SB 474 (Mello-D) - Local Government Finance
Requires the deposit of any Mello-Roos revenues in a special account available only for the authorized purposes of a community facilities district. Imposes strict investment policy guidelines on Mello-Roos revenues. Clarifies that certain joint powers entities can fund projects with revenue bonds if they can be funded with certificates of participation. Clarifies the period for counties to repay borrowings to build courthouse and criminal justice facilities.
Vetoed by the Governor
SB 490 (Solis-D) - Air Pollution: Particulate Matter
Requires the South Coast Air Quality Management District to develop a pilot project to report and forecast particulate matter levels exceeding state standards in San Gabriel Valley.
(Failed passage in Assembly Natural Resources Committee)
SB 537 (Hughes-D) - Recordation Fees
Provides a county recorder with the authority to impose an additional recording fee of up to $2 to be paid at the time of recording of every real estate instrument, as defined for real estate fraud prevention and prosecution.
Chapter 942, Statutes of 1995
SB 560 (Haynes-R) - Subdivision Maps
Adds to the purposes for which a map may be amended the correction or modification of any change in the information filed as part of a final or parcel map, as specified.
(In Assembly Local Government Committee)
SB 600 (Campbell-R) - Counties: Law Libraries
Increases the filing fees for superior, municipal, and small claims courts as specified for county law libraries.
(Failed passage in Assembly Judiciary Committee)
[PAGE 468]
SB 612 (Lewis-R) - Local Taxes: Refunds
Requires local taxing districts, if a legal challenge to a local tax is filed within 60 days of its imposition, to place the tax revenues in an interest-bearing account until the legality of the tax is determined, as specified.
Chapter 495, Statutes of 1995
Similar legislation is SB 710 (Craven-R) which is in Assembly Revenue and Taxation Committee.
SB 614* (Senate Local Government Committee) - Omnibus Local Government Bill
Enacts the Local Government Omnibus Bill of 1995 which contains a number of nonsubstantive clarifying and technical changes affecting cities, counties, and special districts.
Chapter 529, Statutes of 1995
SB 647 (Kelley-R) - Local Government: Fees
Prohibits the legislative body of a local agency from delegating its authority to adopt a new fee or service charge, or increase an existing fee or service charge. Requires that the public meeting held prior to the imposition or increase of a fee or charge be open.
Chapter 657, Statutes of 1995
SB 700 (Hayden-D) - Redevelopment: Northridge Earthquake
Modifies the referendum procedures with respect to redevelopment activities conducted as a result of a disaster or Governor declared emergency within the City of Los Angeles. Expands the powers provided to project area committees. Allows project area committees to be created to replace any previously existing advisory committee.
(Failed passage in Senate Housing and Land Use Committee; reconsideration granted)
SB 717 (Thompson-D) - Local Sales Tax
Allows the City of Fort Bragg and County of San Joaquin to impose additional transaction and use taxes.
Chapter 895, Statutes of 1995
[PAGE 469]
SB 725 (Craven-R) - Local Agencies: Open Meetings
Requires a local agency to follow the Ralph M. Brown Act notice requirements before adopting any new or increased general tax or benefit assessment.
Chapter 258, Statutes of 1995
SB 745 (Rogers-R) - State Agencies: County Fees
Specifies that a county with a population of less than 100,000 may recover from state agencies conducting surface mining operations the actual costs incurred meeting requirements of the Surface Mining and Reclamation Act of 1975.
Vetoed by the Governor
SB 756* (Petris-D) - Local Government Finance
Modifies property tax allocation to decrease the amount of the property tax shift for certain county service areas that are enjoyed in police protection activities. Appropriates $385,047.
Chapter 502, Statutes of 1995 - Item Vetoed
Governor item vetoed the money.
SB 772 (Hurtt-R) - South Coast Air Quality Management District
Prohibits the South Coast Air Quality Management District (SCAQMD) from adopting or enforcing any rule or regulation which requires any employer to submit a trip reduction plan. Authorizes the SCAQMD to require employers with 100 or more employers at a single worksite to provide ride-matching and transit information to employees.
Chapter 858, Statutes of 1995
SB 807 (Monteith-R) - Air Pollution Districts
Allows an air pollution district to enter into a compliance agreement or mutual settlement agreement with noncomplying facilities in lieu of the imposition of criminal or civil penalties, as specified.
(In Senate Local Government Committee)
[PAGE 470]
SB 811 (Monteith-R) - Air Pollution Districts
Abolishes various air quality management districts, unified and regional air pollution control districts, and requires the functions of these agencies be performed by a county district in each county unless the duties of the county district are delegated to a joint powers authority.
(Failed passage in Senate Local Government Committee)
SB 814 (Alquist-D) - Local Agencies: Administrative Citations
Gives local agencies the authority to make the violation of any ordinance enacted by the local agency subject to an administrative fine or penalty.
Chapter 898, Statutes of 1995
SB 830* (Craven-R) - Local Government Finance
Makes various changes in the law concerning property tax revenue allocation shifts. Specifically reduces the tax transfer from City of Laguna Niguel to K-14 schools if the Laguna Niguel Community Services District is dissolved and the city is named the successor agency. Limits the amounts of property tax shifted for cities incorporated prior to 1979 to the total amount of AB 8 state assistance payments received in 1979 [provisions of SB l229* (Boatwright-D)]. Extends relief to those community service districts that shifted property tax revenues in fiscal year 1992-93 but not fiscal year 1993-94 [provisions of SB 336* (Rogers-R)].
Vetoed by the Governor
SB 836 (Lewis-R) - Air Pollution Districts
Allows the State Air Resources Board to adopt regulations which define specified terms relating to employer-based trip reduction. Requires these terms to be used by air quality districts, county congestion management agencies, and other local agencies with employer-based trip reduction regulations or ordinances.
(On Assembly Inactive File)
SB 850 (Hayden-D) - Land Use: Developments
Makes cities and counties that knowingly issue development permits within hazardous areas liable for hazard related injuries and death, as specified.
(In Senate Judiciary Committee)
[PAGE 471]
SB 861 (Craven-R) - Local Agency Formation Commissions
Permits local agency formation commissions to make electronic copies of a duplicate record which is to be destroyed.
Chapter 562, Statutes of 1995
SB 903* (Leslie-R) - Adult Entertainment: Zoning
Amends the statute allowing local governments to regulate sexually-oriented businesses to the extent constitutionally permissible, and extends the adoption timeframe of El Dorado County's general plan.
Chapter 436, Statutes of 1995
SB 923 (Mello-D) - Property Tax Rebates: Redevelopment Agencies
Allows redevelopment agencies to be included in the class of jurisdictions which may rebate property taxes on economic revitalization manufacturing property, as specified.
Chapter 204, Statutes of 1995
SB 962 (Russell-R) - South Coast Air Quality Management District: Fees
Prohibits the South Coast Air Quality Management District Board from increasing and indexing fees, as specified.
Chapter 831, Statutes of 1995
SB 1010 (Costa-D) - Seismic Improvements: Assessment Liens
Forbids liens on private property created by a local entity for purposes of seismic safety to exceed 80% of current appraisal value and requires notice to existing lienholders prior to any vote authorizing financing.
Chapter 385, Statutes of 1995
[PAGE 472]
SB 1030 (Mello-D) - Local Government Finance
Validates the San Benito County allocation of property tax revenues of the 1979-80 to 1993-94 fiscal years, except as agreed by the City of Hollister and San Benito County and provides that the 1993-94 allocation is to be deemed correct.
Chapter 846, Statutes of 1995
SB 1058 (Johannessen-R) - Mello-Roos Districts: Land Use Documents
Provides that a local agency may not require, as a condition of application for, or approval of, a general plan amendment, specific plan, rezoning, tentative map, parcel map, or final map, that the applicant or landowner agree to the establishment of, or annexation of the applicant's property to, a community facilities district.
(In Senate Housing and Land Use Committee)
SB 1066 (Campbell-R) - Developer Fees: School Facilities
Limits school facility impact fees on low-income residential development to $0.28 per square foot, or $1.72 per square foot for 3 years after this bill becomes effective, if a permit is part of a subdivision that was approved prior to when this bill becomes effective. Prohibits fees or taxes from being imposed on development for general revenue purposes, and subjects taxes on development to the same nexus requirements as fees, with certain exceptions.
(Failed passage on Assembly Floor)
SB 1082 (Leslie-R) - Local Government Finance
Validates the Plumas County allocation of property tax revenues for each fiscal year through 1993-94 and requires that the apportionment factors to be applied starting with 1994-95 be based on the prior fiscal years that have been corrected or adjusted.
Chapter 179, Statutes of 1995
SB 1089 (Polanco-D) - Air Pollution Districts
Allows air pollution control districts to exclude socioeconomic impact analyses of rules and regulations in some instances.
Chapter 855, Statutes of 1995
[PAGE 473]
SB 1098 (Dills-D) - Air Pollution Districts
Specifies the way in which emission reduction credits for certain sources must be calculated by local air pollution control districts. Applies to the South Coast Air Quality Management District and Ventura County until January 1, 1999, and statewide thereafter.
Chapter 856, Statutes of 1995
SB 1105 (Leslie-R) - Local Transactions and Use Taxes
Allows the Town of Truckee to levy, subject to majority approval of the town council and 2/3 voter approval, a 0.5% transaction and use tax for repair, replacement, construction, or reconstruction of the city's streets and roads system.
Chapter 889, Statutes of 1995
SB 1107* (Leslie-R) - Counties: Surcharges
Allows the California Environmental Protection Agency to exempt local agencies from assessing a state surcharge on businesses or entities regulated under the Unified Hazardous Waste and Hazardous Material Management Regulatory Program if certain conditions are met.
Chapter 635, Statutes of 1995
SB 1167* (Craven-R) - Local Government Finance
Freezes the property tax transfers from cities, counties, and special districts to K-12 schools at the 1994-95 level, and requires the funds which otherwise would be allocated to schools be allocated to other local agencies.
(Held under submission in Senate Appropriations Committee)
SB 1187 (Maddy-R) - Tidelands Revenues: Local Apportionments
Requires under certain conditions, 25% of the revenues from new production in an existing oil, gas, and other hydrocarbon extraction lease on tide and submerged lands be paid to the city or county within whose boundaries the lease is located.
(On Assembly Inactive File)
[PAGE 474]
SB 1247 (Thompson-D) - Police Protection Services Assessment
Permits a city, county, or city and county governing body to establish a police and sheriff protection services assessment district to levy police and sheriff protection services if specified procedures are followed and it is approved by a majority of voters voting.
Vetoed by the Governor
SB 1266 (Kopp-I) - Redevelopment: Eminent Domain
Allows a person whose property is under the threat of eminent domain by a redevelopment agency to purchase the property if the agency has not put the property to use to implement the redevelopment plan within 3 years of taking the property.
(In Senate Judiciary Committee)
SB 1268 (Costa-D) - Resource Conservation Districts
Makes legislative findings and declarations that resource conservation districts are legal subdivisions of the state and not for profit organizations. Prescribes the jurisdiction and organization of the Orange County Resource Conservation District.
(In Assembly Natural Resources Committee)
SB 1275* (Killea-I) - Local Bond Pooling
Makes substantial revisions to the Marks-Roos Local Bond Pooling Act of 1985 such as placing limits on administrative fees, bidding investment contracts, disclosures, conflict of interests, purchase of bonds in 90 days, bond purchase limits, bond purchase uses, and reporting requirements.
Chapter 229, Statutes of 1995
SB 1296 (Leonard-R) - County Services
Allows the Counties of Butte, Los Angeles, Merced, Orange, San Bernardino, and Ventura to enter into contracts with private enterprises to provide the leasing of training facilities or the provision of training in addition to those services currently allowed to be contracted out. Deletes the January 1, 1997 termination date on the current authority of the above counties to contract for services. Adds similar provisions operative January 1, 1997 allowing those counties to provide fewer services by contract.
Chapter 528, Statutes of 1995
[PAGE 475]
SCA 13 (Hurtt-R) - Local Government: Taxes and Assessments
Requires a 2/3 vote on general and special taxes as well as certain benefit assessments.
(Failed passage in Senate Local Government Committee; reconsideration granted)
Similar legislation is SCA 15 (Haynes-R) which is in Senate Local Government Committee.
AB 5 (Boland-R) - Local Agencies: Initiative Measures
Prohibits local agencies from using public funds to prosecute, file, initiate, or join any legal process to challenge the constitutionality of an initiative measure that has been approved by the voters.
(Failed passage in Assembly Local Government Committee; reconsideration granted)
Similar legislation is AB 52 (Johnson-R) and AB 1865 (Baldwin-R) which are in Assembly Local Government Committee.
AB 15 (Pringle-R) - County Contracts for Services
Allows a general law county to contract for special services where practiced and more economically beneficial than existing methods.
(In Assembly Local Government Committee)
AB 82 (Pringle-R) - Booking Fees
Amends the law allowing counties to impose booking fees for costs incurred in processing or booking persons arrested by other jurisdictions. It provides for public meetings to be held on the issue of booking fees and requires counties to increase the fees prior to the start of its fiscal year.
Chapter 910, Statutes of 1995
[PAGE 476]
AB 88 (Hoge-R) - Local Agencies: Economic Development Grants
Allows local agencies, other than school districts, to make economic development grants measured by the amount of property tax revenues that would be allocated to that agency as a result of the taxation of economic revitalization services property .
(In Assembly Revenue and Taxation Committee)
AB 96 (Hannigan-D) - Local Agencies: Development Projects
Prohibits a public agency from approving a development project unless a demonstrable method exists for financing the necessary infrastructure.
(Failed passage in Assembly Local Government Committee)
AB 134 (Rainey-R) - Sheriffs: Fees
Allows a county board of supervisors to increase or decrease any fees for specified services performed by the county sheriff in the amount necessary to recover the reasonable cost of providing the service for which the fee is charged, as specified.
(In Assembly Local Government Committee)
AB 151* (Baca-D) - Buildings: CPVC Plastic Piping
Allows local jurisdictions to permit the use of chlorinated polyvinyl chloride plastic pipe in building construction as an alternate material under specified conditions, which include local findings.
Chapter 785, Statutes of 1995
AB 182 (Granlund-R) - Shopping Carts
Allows a city, county, or city and county to adopt an ordinance to provide shopping cart retrieval and storage services, as specified. Sunsets January 1, 1999.
Vetoed by the Governor
A similar bill is AB 317 (Hoge-R) which is on the Senate Inactive File.
[PAGE 477]
AB 184 (Bowler-R) - County Special Services
Expands a general law county's existing special service contracting authority to include institutional food services.
(Failed passage in Assembly Local Government Committee; motion to withdraw lapsed)
AB 189 (Hauser-D) - Redevelopment Law
Repeals the existing provisions of the Community Redevelopment Financial Assistance and Disaster Project Law and reenacts a revised version entitled the Community Redevelopment Disaster Project Law.
Chapter 186, Statutes of 1995
AB 236 (Granlund-R) - Public Officials
Requires an employee of a local public agency to resign as an employee before being sworn into office as an elected or appointed member of the governing board of that agency. Does not apply to a volunteer firefighter who does not receive a salary. If the employee does not resign the employment is to automatically be terminated upon the employee being sworn into office.
Chapter 237, Statutes of 1995
AB 259 (Escutia-D) - South Coast Air Quality Management District
Requires the South Coast Air Quality Management District to use a portion of its existing fee revenues to provide technical assistance to cities which also receive fees on how to develop and implement programs to reduce vehicle emissions.
Chapter 812, Statutes of 1995
AB 307 (Thompson-R) - State Mandates
Requires the Department of Finance to prepare an estimate for the respective committees of each House of the Legislature whenever the Legislative Council determines that a bill mandates a new program or higher levels of service, as specified.
Vetoed by the Governor
[PAGE 478]
AB 318 (Katz-D) - Municipal Water and Power Rates
Regulates municipal water and power agencies' rates and surplus fund transfers to cities as specified.
(In Senate Local Government Committee)
AB 342 (Hauser-D) - Municipal Functions
Allows any local agency or special district to enter into a contract with any Indian tribe to provide the latter with municipal services, as specified.
(In Assembly Local Government Committee)
AB 356 (W. Murray-D) - Alley Traffic
Allows local authorities to restrict alley traffic subject to specified conditions.
Chapter 215, Statutes of 1995
AB 368 (Speier-D) - Redevelopment Agencies: Housing Battered Women
Allows a redevelopment agency to use up to 30% of the monies in its Low and Moderate-Income Housing Fund to develop transitional housing or emergency shelter housing, or both, or a shelter for battered women, outside the territorial jurisdiction of the agency.
(In Assembly Housing and Community Development Committee)
AB 376 (Bustamante-D) - Special Districts
Allows special districts to enter private property of any person within its jurisdiction to investigate violations of district ordinances, subject to consent of owner or tenant or the issuance of a warrant.
Chapter 798, Statutes of 1995
[PAGE 479]
AB 390 (House-R) - County Ordinances
Specifies, except for maps, any exhibit attached to and incorporated by reference in a county ordinance need not be published in its entirety if the publication lists the exhibits and includes a notice that a complete copy of each exhibit is on file with the county clerk and is available for inspection and copying as a public record.
Chapter 23, Statutes of 1995
AB 419 (Olberg-R) - Redevelopment: Fiscal Reports
Requires a redevelopment agency (RDA) to provide a copy of its annual report upon request to any person or any taxing agency. The person or taxing agency requesting the information is to pay the RDA actual and reasonable costs for providing the requested information.
Chapter 116, Statutes of 1995
AB 421 (Olberg-R) - Mojave Desert Air Basin
Requires the State Air Resources Board to adopt regulations by January 1, 1997 that establishes the Mojave Desert Air Basin and designates its territory.
Chapter 113, Statutes of 1995
AB 426 (K. Murray-D) - Business Names: Fees
Allows the board of supervisors of any county to provide for a separate fee of up to $10 for filing fictitious business name statements to provide funding for consumer affairs protection and new business assistance within the county.
(In Assembly Local Government Committee)
AB 441 (Knight-R) - Local Emergencies: Meetings
Requires local governments to review the need to continue a declared local emergency at its regularly scheduled meetings.
Chapter 110, Statutes of 1995
[PAGE 480]
AB 459 (Ducheny-D) - Nuisance Abatement
Allows recordings to have the same priority as municipal tax liens, with respect to recording abatement liens for collecting nuisance abatement costs against a parcel.
(In Assembly Local Government Committee)
AB 477* (Katz-D) - Local Government Finance
Increases from $20 to $25 the amount of revenue a county may forego collecting, except where the amount not collected exceeds the cost of collection as determined by the tax collector.
(In Senate Local Government Committee)
AB 486 (Goldsmith-R) - Local Agencies: Liens
Provides that a lien on real property resulting from a delinquency in payment of water or other utility charges is to be subordinate to any prior recorded lien on the property. Allows a municipal utility district to impose a security deposit upon the transferee of certain property which if unpaid may be recorded as a lien against the property.
Chapter 604, Statutes of 1995
AB 545 (Mazzoni-D) - Nuisance Abatement
Provides that in any action to abate a nuisance, the owner of the parcel upon which the nuisance is found to exist is to be liable for all costs of abatement incurred by the county as specified, but that if the county fails to show that nuisance exists upon the parcel, the parcel owner may be awarded costs, as specified.
(On Senate Inactive File)
AB 584 (Rainey-R) - General Plans: Water Planning
Requires city councils and county boards of supervisors to include water planning information in their general plans and then to consider that information.
(In Senate Agriculture and Water Resources Committee)
[PAGE 481]
AB 698* (Cannella-D) - Local Government Finance
Provides a property tax adjustment for AB 8 negative sum bail-out counties.
(Failed passage on Assembly Floor)
AB 771 (Aguiar-R) - Subdivision Map Act
Revises provisions of the Subdivision Map Act relating to the duration and expiration of tentative maps.
(In Senate Housing and Land Use Committee)
AB 791 (Cannella-D) - Public Works: Owner-Controlled Insurance
Allows a public agency, starting January 1, 1996, to use owner-controlled or wrap-up insurance programs, as specified.
Chapter 918, Statutes of 1995
AB 796 (Hannigan-D) - County Funds
Allows a county board of supervisors to transfer excess revenues from its Courthouse or its Criminal Justice Facilities Construction Fund to the county's general fund to meet the public safety or emergency needs of the county as specified.
Chapter 454, Statutes of 1995
AB 818* (Vasconcellos-D) - Local Agencies
Appropriates $11,359,000 to reimburse local agencies for the costs of various state-mandated local programs. Establishes a 3-year state-county property tax administration loan program to supplement property tax administration funding. Restores the reserve requirement imposed on counties participating in Teeter Plan financing.
Chapter 914, Statutes of 1995
[PAGE 482]
AB 858 (Aguiar-R) - Local Government
Makes a number of changes concerning local government financing of juvenile facilities. Requires counties to pay the state $150 per month for the time a person from that county is committed to the Department of Youth Authority, effective July 1, 1996. Requires each county to pay the state for each person committed to the Department of Youth Authority pursuant to a scale with regard to the offense on which the commitment is based.
Makes funds available from revenues derived from a per gallon tax on motor vehicle fuels to cities and counties that would not be eligible under present law. Revises county realignment financial maintenance of effort responsibilities concerning health services. Makes changes in law concerning general assistance eligibility.
Chapter 916, Statutes of 1995
AB 867 (V. Brown-D) - County Searches
Allows a county to charge a person actual costs incurred in rescue efforts that required the use of extraordinary methods.
Chapter 339, Statutes of 1995
AB 896 (Knight-R) - Local Agencies
Raises the dollar amount of unclaimed individual items that may be transferred to the general fund of a local agency from $10 to $15.
(In Senate Local Government Committee)
AB 906* (Aguiar-R) - Local Government Assistance
Provides for general assistance reduction. Gives relief from maintenance of effort requirements for public library funding, apportionments of certain gas tax revenues, Proposition 99 (cigarette and tobacco tax funds) allocations, and mental health funding. Provides a $32.7 million state subsidy to eligible counties that operate juvenile probation camps or ranches, as specified. Makes changes in funding allocations for Department of Youth Authority. Allows any county in which there are school entities that are not basic aid to participate in the State-County Property Tax Administration Program. Provides flexibility for counties that opt to use the Teeter plan for handling the allocation of revenues attributable to delinquent property taxes.
(In Conference)
A similar bill is AB 1143* (Villaraigosa-D) which is on the Assembly Inactive File.
[PAGE 483]
AB 946* (Caldera-D) - County Tax Certificate Sales
Allows any county to sell tax certificates, upon the recommendation of the tax collector, and by resolution of the board of supervisors adopted by September 15 of the fiscal year.
Chapter 189, Statutes of 1995
AB 1027 (Aguiar-R) - Air Pollution District
Requires the State Air Resources Board to establish by July 1, 1996, a uniform methodology which may be used by districts in assessing the exposure of people to air that does not meet pollution standards, and to establish the means by which reductions in population exposures may be achieved.
Chapter 713, Statutes of 1995
AB 1087 (Boland-R) - County Auditors
Modifies required qualifications for county auditors.
Chapter 107, Statutes of 1995
AB 1102 (Sher-D) - Bay Conservation and Development Commission
Outlines a new procedure for Office of Administrative Law review of Bay Conservation and Development Commission (BCDC) plan amendments or other changes to the San Francisco Bay Plan or a special area plan, and to the Suisun Marsh Protection Plan or a local protection program. Broadens BCDC's role in developing the Long-Term Management Strategy and requires BCDC to establish an Office of Dredged Material Management. Sunsets the authorization for BCDC to charge a .10 cent per cubic yard of material fee to dredge or dispose of material from San Francisco Bay and its waterways, and requires BCDC to charge a 7 cent per cubic yard fee from January 1, 1996 to January 1, 1999 to generate up to $210,000 to implement the Long-Term Management Strategy.
Chapter 951, Statutes of 1995
[PAGE 484]
AB 1191* (Takasugi-R) - Local Government Finance: Public Safety
Provides that factors used to allocate Public Safety Augmentation Funds to the cities would be recalculated to reflect actual data. Provides that these funds are to be allocated by the county to the cities no later than the 7th of each month.
(In Senate Local Government Committee)
AB 1229 (Granlund-R) - Twentynine Palms Water District: Unpaid Charges
Allows the Twentynine Palms Water District, acting as the Twentynine Palms Fire District, to submit a statement for unpaid charges for rescue services provided by the district whether or not these services are requested by the person receiving these services, as specified.
Chapter 815, Statutes of 1995
AB 1287 (Cortese-D) - Environmental Subdivisions
Adds a category of subdivision, known as an environmental subdivision to the Subdivision Map Act, to allow property owners to use parcel maps to sell portions of their open space land to builders who need to mitigate the effects of development in other places.
Chapter 955, Statutes of 1995
AB 1338 (Sweeney-D) - Land Use Planning: Transit Facilities
Allows metropolitan planning organizations to allocate state and federal transportation planning money to be loaned to cities and counties for the purpose of preparing specific land use plans linking land use and transportation.
Vetoed by the Governor
AB 1339 (Sweeney-D) - Development Taxes
Prohibits local agencies from exempting or reducing an existing tax for a proposed abatement.
(In Assembly Local Government Committee)
[PAGE 485]
AB 1379 (Thompson-R) - Redevelopment: Property Tax Allocation
Allows a redevelopment agency to make tax increment payments to an affected taxing entity that is a state water supply contractor, with specified requirements.
Chapter 137, Statutes of 1995
AB 1424 (Isenberg-D) - Redevelopment Agencies
Makes various changes to the Redevelopment Reform Act of 1993 regarding the payment of property tax increment by a redevelopment agency to a school district, community college district or county office of education.
Chapter 141, Statutes of 1995
AB 1461 (Bordonaro-R) - County Searches: Costs
Allows a county that is billed by another county for a search or rescue to seek reimbursement for actual costs incurred from a resident who is 16 years or older and was the target of the search or rescue. Increases the existing $1,000 limit on a person's individual liability for a search or rescue to $5,000.
Chapter 338, Statutes of 1995
AB 1511 (V. Brown-D) - Historic Districts
Expands the types of historic districts where manufactured housing may be prohibited, as specified.
Vetoed by the Governor
AB 1522 (Brewer-R) - South Coast Air Quality Management District
Lowers the vote required for city representatives to South Coast Air Quality Management District to not less than a majority of the cities in the portion of the county within the district having not less than a majority of the population of all the cities in the portion of the county within the district.
Chapter 84, Statutes of 1995
[PAGE 486]
AB 1545 (Knox-D) - County Property: Los Angeles County
Expands the purposes for which the proceeds from the sale of county property can be used, and for Los Angeles County increases the limit on the expedited sale of surplus county property, and repeals the limit on the sale of any county real property to county officers.
Chapter 482, Statutes of 1995
AB 1566* (Rainey-R) - Omnibus Local Government Bill
Enacts the Omnibus Local Government Act of 1995 which makes various minor and nonsubstantive policy changes concerning cities, counties, and special districts.
Chapter 579, Statutes of 1995
AB 1569* (Alpert-D) - Assessment Districts: School Facilities
Provides that it is the Legislature's intent, rather than a requirement, that the rate of taxes levied upon a school facilities improvement district is not to be greater than the rate imposed on parcels in the same school district that are part of a Mello-Roos district.
Chapter 520, Statutes of 1995
AB 1648 (Conroy-R) - Redevelopment: Military Base Conversion
Makes numerous revisions to existing Military Base Redevelopment Law which includes expanding the definition of blight, altering school pass-through formulas, and deleting the requirement for a fiscal review committee.
(In Assembly Housing and Community Development Committee)
AB 1717* (Cortese-D) - Local Agency Public Construction
Allows Alameda, Sacramento, Santa Clara, Solano, and Tulare Counties to use, design and build bid procedures as an alternative to present law. Sunsets January 1, 2001.
Chapter 663, Statutes of 1995
[PAGE 487]
AB 1724 (McPherson-R) - General Plans: School Sites
Requires, if a school district selects a location for a new school facility that is contrary to the general plan, that the facility provide justification to the legislative body as to the need for the chosen location.
(In Assembly Local Government Committee)
AB 1733 (Boland-R) - County Governments: Court Costs
Allows counties and/or cities to require a private entity to bid for the right to provide a pool camera for the purpose of distributing televised images of court proceedings.
(Failed passage in Assembly Judiciary Committee; reconsideration granted)
AB 1787 (Brewer-R) - County Services
Prohibits the board of supervisors who are allowed to contract out for services from authorizing application for or accepting state funds for use in providing these contract services unless it has made the required finding.
(Failed passage in Senate Local Government Committee; reconsideration granted)
AB 1799 (V. Brown-D) - Subdivision Map Act
Reorganizes and revises the Subdivision Map Act in various respects, as it applies to lot line adjustments, parcel mergers, and the issuance of certificates of compliance and conditional certificates of compliance, as specified.
(In Assembly Local Government Committee)
AB 1820 (McPherson-R) - Redevelopment Agencies: Housing
Exempts any and all dwellings located within a redevelopment project area that are set aside for homeless purposes pursuant to the Stewart B. McKinney Homeless Assistance Act from the requirement that redevelopment officials must replace housing that is destroyed or removed from the affordable housing market.
(In Senate Housing and Land Use Committee)
[PAGE 488]
AB 1830 (Mazzoni-D) - Marin County Open Space District
Allows the formation of a regional park and open-space district in Marin or Sonoma Counties with specified powers and duties including levying of assessments.
Vetoed by the Governor
AB 1844 (Alby-R) - Local Park Employees
Prohibits local agencies from hiring a person to work in local parks who would be in a position having any direct contact with any minor if the person has been convicted of specified criminal offenses.
(In Assembly Local Government Committee)
AB 1953 (Baldwin-R) - Local Public Property
Makes it unlawful for a local public entity to deny the use of or access to any public property or facility to any nonprofit, tax-exempt youth organization except on the same terms provided as to other persons or organizations.
(Failed passage in Senate Judiciary Committee; reconsideration granted)
AB 1957 (Speier-D) - Public Safety Services: Funding
Allows each jurisdiction to determine the Proposition 172 (sales tax for public safety service) maintenance of effort level to be either the budget chaptered in 1992-93 or the amount expended in 1992-93.
(Failed passage in Assembly Local Government; reconsideration granted)
ACA 7 (Pringle-R) - State Mandated Local Programs
Provides a procedure for the suspension and elimination of all state-mandated programs where the Commission on State Mandates determines that sufficient funds have not been appropriated by the Legislature.
(In Assembly Local Government Committee)
[PAGE 489]
ACA 8 (Goldsmith-R) - Funding of Local Government
Creates the Government Reform and Accountability Act of 1996 which confirms the right of local government to decline to perform or comply with state mandates because of reductions in revenue or failure of the state to fully fund the cost of these mandates.
(In Assembly Elections, Reapportionment and Constitutional Amendments Committee)
[PAGE 490]
Public Employees
SB 41 (Johannessen-R) - Public Employees: Liability
Provides that specified immunities from liability do not extend to intentional or reckless abuse of discretion by public employees, in investigations or proceedings pursuant to juvenile court law, other than the act of removing a child from the custody of his or her parents or guardians.
(Failed passage in Senate Judiciary Committee; reconsideration granted)
SB 159 (Russell-R) - PERS: Compensation
Clarifies the provisions under which the Public Employees' Retirement System determines (1) how special compensation for certain local or school members will be reportable for retirement purposes, and (2) what amount of the employer payment of the member contributions will be considered compensation when calculating retirement benefits.
Chapter 830, Statutes of 1995
SB 211 (Haynes-R) - Public Pay Equity Act
Establishes the Public Pay Equity Act of 1995 to establish a program of public pay equity in order to limit the annual percentage increase in average state employee compensation to that of private sector employees in the state.
(In Senate Public Employment and Retirement Committee)
Similar legislation is AB 872 (Baldwin-R) which is in Assembly Public Employees, Retirement and Social Security Committee)
SB 217* (Beverly-R) - State Employees: Legislative and Elective Employees
Allows legislative and executive branch employees to take promotional civil service examinations for up to 2 years after their separation from employment, under certain circumstances.
(On Assembly Inactive File)
[PAGE 491]
SB 226 (Russell-R) - County Employees Retirement: Final Compensation
Requires all County Employees' Retirement Law counties to adopt the definition of earned compensation currently being used by Los Angeles County for retirement benefit determination purposes and consolidates various code sections.
Chapter 558, Statutes of 1995
SB 234 (Hughes-D) - PERS: Purchasing Power Protection
Requires that the PERS Board of Administration pay supplemental payments to PERS retirees such that the total retirement benefit is 75% of the purchasing power of the original retirement allowance.
(Held under submission in Senate Appropriations Committee)
SB 238 (Haynes-R) - Deferred Compensation Programs
Requires all public and private employers administering a deferred compensation program to provide specified written disclosures and financial reports to their employees considering participation in a deferred compensation program
(In Assembly Labor and Employment Committee)
SB 280* (Costa-D) - PERS: State Managers and Supervisors
Allows state supervisors, managers and confidential employees who retire by December 31, 1995 to receive benefits as if the employee is 3 years older and has 3 years more service credit, if an Executive Order to that effect is executed.
(Held under submission in Senate Appropriations Committee)
SB 541 (Hughes-D) - Public Employees' Retirement Law: Reorganization
Reorganizes PERS law and states the intent of the Legislature that the bill does not make any substantive change in the law.
Chapter 379, Statutes of 1995
[PAGE 492]
SB 544* (Dills-D) - State Employees: Bargaining Unit 5
Ratifies the memorandum of understanding between the Department of Personnel Administration and Unit 5 (California Association of Highway Patrolmen).
Chapter 768, Statutes of 1995
SB 642 (Maddy-R) - Public Employees: Disability Allowances
Requires the industrial disability allowances of persons who first became members on and after January 1, 1995 to be reduced and places other limits on receiving these benefits.
(In Senate Public Employment and Retirement Committee)
Similar legislation in AB 1554 (Kaloogian-R) which is in Assembly Public Employees, Retirement and Social Security Committee)
SB 759 (Dills-D) - Personal Service Contracts
Prohibits awarding state contracts relative to personal services if the contract would cause displacement of civil service employees.
(In Senate Governmental Organization Committee)
SB 791 (Hughes-D) - Public Retirement
Amends Public Employee Retirement Law to bring state law into compliance with federal compensation limitations to determine employee retirement benefits. Revises the required information to be contained in the annual report submitted by the State Teachers' Retirement Board.
Chapter 829, Statutes of 1995
SB 860 (Alquist-D) - Public Employee Retirement
Makes a number of changes to PERS law relating to expanding eligibility for the PERS Long-Term Care Act and PERS Alternative Death Benefit and adds 6 job titles to the state safety member classification used to staff the Department of Corrections and Mental Health. Makes other changes.
Chapter 850, Statutes of 1995
[PAGE 493]
SB 1159 (Hayden-D) - PERS: Medical Coverage: Domestic Partners
Allows the Public Employees Medical and Hospital Care Act to provide coverage, under certain circumstances, to domestic partners of health plan participants.
(Failed passage in Senate Public Employment and Retirement Committee; reconsideration granted)
Similar legislation is AB 1209 (Knox-D) which is in Assembly Public Employees, Retirement
and Social Security Committee.
SB 1362* (Dills-D) - PERS: Benefits
Specifies that purchasing power protection benefits payments of each employee's benefits be paid from the assets of the employer's plan.
(In Senate Public Employment and Retirement Committee)
AB 276 (Cannella-D) - County Employees Retirement: Benefits
Requires counties and districts, other than Los Angeles, to provide officially established organizations representing retired employees with notice and opportunity to comment on proposed changes to alternative group insurance benefits.
(Failed passage in Assembly Public Employees, Retirement and Social Security Committee)
AB 277 (Cannella-D) - State Employees: Supervisors
Gives full collective bargaining rights to supervisors in the California Highway Patrol, the California Department of Corrections, the California Department of the Youth Authority, and the Department of Forestry and Fire Protection, which are excluded from their respective bargaining units.
(On Assembly Inactive File)
AB 284 (Burton-D) - PERS: Contracting Agencies: Assets
Authorizes the transfer of local employee retirement benefit assets from an existing local retirement program to the Public Employees' Retirement System whenever a local agency contracts with PERS to provide retirement benefit services for their employees.
Chapter 124, Statutes of 1995
[PAGE 494]
AB 312 (Cannella-D) - PERS: Retirement Benefits
Allows contracting agencies of PERS to elect to be subject to the $2,000 death benefit. Deletes provision of PERS law limiting industrial disability retirement allowances, allows members and survivors to cancel their elections to contribute for additional service if they have retired or will retire for industrial disability or the special death benefit becomes payable.
(Failed passage in Assembly Public Employees, Retirement and Social Security Committee; reconsideration granted)
AB 399 (Cannella-D) - Public Employees: Retirement Health Benefits
Requires local public agencies that contract with the Public Employees' Retirement System for retirement benefit services to increase retirement benefits to surviving spouses of deceased members who subsequently remarry. Requires local public agencies to provide additional health benefit coverage to surviving spouses and dependents of peace officers killed in the line of duty.
Vetoed by the Governor
AB 435 (Rainey-R) - State Employees: Professionals
Amends the process currently used to permit professional employees to form their own bargaining unit.
(Failed passage in Assembly Public Employees, Retirement and Social Security Committee)
AB 518 (Tucker-D) - Public Employees: Health Coverage
Defines the term family member for purposes of the State Dental Care Act and the state vision care plans as including economically dependent unmarried children.
(Failed passage in Assembly Public Employees, Retirement and Social Security Committee)
AB 766 (Kaloogian-R) - Public Employees: Political Activities
Specifically prohibits state and local employers from participating in political activities of any kind either while in uniform or during working hours.
(In Assembly Public Employees, Retirement and Social Security Committee)
[PAGE 495]
AB 777 (Speier-D) - State Tort Liability: Sexual Harassment
Enacts special provisions governing liability of the state for acts of sexual harassment by its officers and employees, as specified.
(Failed passage in Assembly Judiciary Committee; reconsideration granted)
AB 831 (Cortese-D) - Public Employees Retirement
Increases the retirement allowances of local safety members from 75% to 80% of final compensation.
(Failed passage in Assembly Public Employees, Retirement and Social Security Committee; reconsideration granted)
AB 847 (Campbell-D) - County Employees Retirement
Ensures that county employees' retirement law members always receive the interest that is earned on their investment and how it is reported and prevents circumstances that could jeopardize the tax-qualified plan status of a '37 Act County Retirement System.
Chapter 457, Statutes of 1995
AB 1021 (Tucker-D) - County Employee Retirement
Eliminates the requirement that the treasurer of a '37 Act (County Employees' Retirement Law of 1937) county, a county retirement board member and the county auditor all sign the checks, warrants and electronic fund transfers, and instead provides that the checks, warrants and electronic fund transfers be signed by 2 officers or employees designated by the county retirement board.
Chapter 584, Statutes of 1995
AB 1097 (Cortese-D) - State Employees
Makes various changes to the state civil service law regarding promotional lists, certain disciplinary procedures and demonstration projects.
Chapter 277, Statutes of 1995
[PAGE 496]
AB 1170 (Morrissey-R) - Civil Service: Veterans' Preference
Provides one uniform definition for veterans for purposes of promotional and non-promotional civil service tests. Specifies that veterans' credits are not to be awarded once an employee achieves permanent civil service.
Chapter 645, Statutes of 1995
AB 1355 (Knowles-R) - Liability: Juvenile Court Social Workers
Specifies that the civil immunity of juvenile court social workers, and other public employees authorized to initiate or conduct juvenile dependency investigations or proceedings, shall not extend to specific acts committed with malice, perjury, fabrication of evidence, failure to disclose known exculpatory evidence, and obtaining testimony by duress.
Chapter 977, Statutes of 1995
AB 1464 (Kaloogian-R) - Civil Service
Allows the Department of Personnel Administration to prescribe regulations and conditions with respect to the administration of employee training and permits the Department of Personnel Administration to include specific conditions for receiving training and clarifies civil service training reimbursement costs.
Chapter 288, Statutes of 1995
AB 1553 (Kaloogian-R) - State Civil Service
Enacts the Quality Demonstration Project Act to permit the Department of Personnel Administration to conduct and evaluate demonstration classification, compensation, and related projects using total quality management principles, as specified.
(Failed passage in Assembly Public Employees, Retirement and Social Security Committee; reconsideration granted)
AB 1596 (Boland-R) - Liability: Public Employees
Provides immunity for courts and local agencies, and their judges, officers and employees from suit for any injury proximately caused by a negligent act or omission, if the injury is to an individual performing community service without compensation.
(In Assembly Judiciary Committee)
[PAGE 497]
AB 1910 (Campbell-D) - Public Employees Retirement
Authorizes the same alternative death benefit for employees of public agencies that contract with the Public Employees' Retirement System (PERS) as is currently available to state PERS members. Takes effect only upon election by the public agency.
(On Assembly Inactive File)
AB 1950 (Machado-D) - Public Employees Retirement: Extra Credit
Allows the Governor, by executive order, to permit certain employees of the State Department of Developmental Services to receive 5 years of additional service credit if they retire during a specified period.
(Failed passage in Assembly Public Employees, Retirement and Social Security Committee; reconsideration granted)
ACA 22 (Speier-D) - State Personnel Board: Abolition
Abolishes the State Personnel Board, as specified.
(In Assembly Public Employees, Retirement and Social Security Committee)
[PAGE 498]
Lottery
SB 136* (Dills-D) - California State Lottery
Repeals and reenacts the financial reporting requirements of the California Lottery Act.
Provides that (1) revenue recorded as a result of a non-monetary exchange and (2) reimbursements received by the Lottery would not be considered revenues for the purposes of the Lottery Act. Provides that expenses recorded as a result of a non-monetary exchange would not be considered an expense of the Lottery. Allows the imposition of property tax or license fees for any non-cash prize that is awarded by the State Lottery.
Chapter 531, Statutes of 1995
SB 1294 (Greene-D) - California State Lottery: Video Lottery Terminals
Requires the California State Lottery Commission to establish a statewide video gaming machine network in California, and to adopt regulations relating to the operation of the network.
(In Senate Rules Committee)
AB 218* (Richter-R) - State Lottery
Changes existing law to allow the authorization of court ordered assignment of lottery prizes under specified circumstances.
Chapter 363, Statutes of 1995
AB 536 (Archie-Hudson-D) - Education Technology
Authorizes the issuance of revenue bonds to finance the acquisition of educational technology infrastructure, to be repaid from dedicated State Lottery revenues.
Chapter 869,Statutes of 1995
AB 1515 (Kuehl-D) - Support: Enforcement
Reinstates a previous sunsetted law which allows judgment creditors to file judgments with the courts directing the State Controller to intercept State tax refunds and lottery winnings from judgment obligors, as specified. Sunsets December 31, 2000.
Chapter 459, Statutes of 1995
[PAGE 499]
Gaming
SB 5 (Hayden-D) - Gambling
Repeals the Gaming Registration Act, and enacts the Gambling Control Act. Creates the California Gambling Control Commission, and authorizes the commission to regulate legal gambling in this state, as specified. Creates within the Department of Justice, the Department of Gambling Control. The DGC is charged with providing all investigative and technical services required by the Commission, to include initiation of disciplinary actions before the Commission. The purpose of this bill is to regulate businesses that offer lawful forms of gaming; public trust that permissible gambling will not endanger public health, safety, or welfare requires that comprehensive measures be enacted to ensure that gambling is free from criminal and corruptive elements; that it is conducted honestly and competitively, and that it is conducted in suitable locations.
(Failed passage in Senate Governmental Organization Committee; reconsideration granted)
SB 10 (Kopp-I) - Gambling
Repeals the Gaming Registration Act, and enacts the Gambling Control Act. Repeals the authority of the California Horse Racing Board to negotiate Tribal-State Compacts governing horseracing activities on Indian lands, as specified. Designates the Governor as the state officer responsible for negotiating and executing, on behalf of the state, as specified, compacts with federally recognized Indian tribes in the State of California pursuant to the federal Indian Gaming Regulatory Act, for conducting class III gaming on Indian lands. Creates a five member Gaming Control Commission, with a five year term of office. Creates within the Department of Justice, the Department of Gambling Control (DGC). The DGC is charged with providing all investigative and technical services required by the Commission, to include initiation of disciplinary actions before the Commission. States that unregulated gambling is inimical to public interest, and that it is not the intent of the Legislature to expand opportunities for gambling, or to create any right to operate a gambling enterprise. Makes other technical changes.
(Failed passage in Senate Rules Committee; joint rule 62(a) suspended)
SB 100* (Maddy-R) - Gaming Clubs
Authorizes a licensed horseracing or simulcast wagering corporation to operate a gaming club.
Chapter 387, Statutes of 1995