HomeMy WebLinkAboutMINUTES - 04242012 - C.52RECOMMENDATION(S):
ADOPT positions on various state bills as specified in the report, as recommended by the Legislation Committee.
FISCAL IMPACT:
No direct fiscal impact to the County from taking positions on state legislation.
BACKGROUND:
At its April 5, 2012 meeting, the Legislation Committee reviewed a report on State legislation of interest to the
County and recommended positions to the Board of Supervisors on the following bills: (See Attachment for bill text.)
1. AB 890 (Olsen) Environment : CEQA Exemption: Roadway Improvement. This bill would exempt city roadway
improvement projects from California Environmental Quality Act requirements if the project is within the existing
right-of-way. AB 890 will result in lower project costs and faster project delivery for roadway improvement projects.
CSAC has sent a letter of support on this bill to the Assembly Natural Resources Committee.
DISPOSITION: Pending
LOCATION: Senate Environmental Quality Committee
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/24/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: L. DeLaney, 925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: April 24, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 52
To:Board of Supervisors
From:Legislation Committee
Date:April 24, 2012
Contra
Costa
County
Subject:Recommended Positions on Bills Considered by the Legislation Committee
BACKGROUND: (CONT'D)
Legislation Committee recommendation: SUPPORT
2. SB 1387 (Emmerson) Metal Theft. This bill would prohibit any junk dealer or recycler from possessing a
public fire hydrant, fire department connection, a public manhole cover or lid, or related pieces without written
certification on the letterhead of the public agency or utility that owns or previously owned the material. Makes
other related changes to the penalties and liability for possession of the materials without required certification.
According to the Author, metal theft is on the rise as the price of metal continues to climb. The theft of metals has
devastated both public and private property and has harmed critical public infrastructure, making it difficult to
deliver essential utilities to customers. Moreover, the theft of certain metal devices can seriously threaten public
health and safety. For instance, individuals have been severely injured falling down uncovered manholes and
vehicles have incurred damage driving over manholes where the covers have been stolen. In addition, stolen
backflow devices leave potable water sources vulnerable to cross-contamination while stolen fire hydrants render
properties defenseless to fire. While several laws have been enacted to curb metal theft, it is still prevalent
throughout California. According to the Sponsor, this measure seeks to address this epidemic and strengthen
current law by eliminating the attractiveness of manhole covers, backflow devices, and fire hydrants to metal
thieves as there would no longer be a buyer for these stolen items.
DISPOSITION: Pending
LOCATION: Senate Rules Committee
Legislation Committee recommendation: SUPPORT
3. AB 1640 (Mitchell) CalWORKs and CalFresh Benefits: Pregnant Mothers. This bill would change the
state’s CalWORKs statute to allow for pregnant women (with no other children in the household) to become
eligible for CalWORKs basic needs grants and full-scope 1931(b) Medi-Cal benefits upon verification of a
pregnancy.
CSAC supports the bill, which was passed by the Assembly Human Services Committee on March 20. The
measure will next be heard by the Assembly Appropriations Committee.
DISPOSITION: Pending
LOCATION: Assembly Appropriations Committee
Legislation Committee recommendation: SUPPORT
4. AB 1691 (Lowenthal, B.) CalWORKs: Welfare-to-Work Activities. This bill would allow non-English
speaking CalWORKs recipients, which include refugees and other legal immigrants, to participate in English as a
Second Language (ESL) instruction for eight months. Time spent in ESL instruction would count as a core
activity and counties would have the option of extending ESL participation for up to 12 months on a case-by-case
basis.
CSAC supports AB 1691, which was passed by the Assembly Human Services Committee on March 20. The
measure will next be heard by the Assembly Appropriations Committee.
DISPOSITION: Pending
LOCATION: SENATE
Legislation Committee recommendation: SUPPORT
5. AB 1709 (Mitchell) Juveniles: Jury Trial. This bill would add Section 679.5 to the Welfare and Institutions
Code to entitle a juvenile who is 16 years old at the commission of an alleged offense – that would qualify as a
future felony conviction under the Three Strikes law – to a jury trial. Moreover, statute would specify that the jury
trial would mirror jury trials in adult criminal courts.
Further, AB 1709 would amend Section 704 of the Welfare & Institutions Code to state that if a juvenile youth
undergoing a jury trial for a crime that falls under Welfare and Institutions Code Section 602 and is found eligible
for placement in the Division of Juvenile Justice (DJJ), the youth shall first be temporarily committed to a DJJ
diagnostic and treatment center through the California Department of Corrections and Rehabilitation.
CSAC is examining this measure to assess the impacts to the county system that would result in providing
specified juvenile offenders access to a jury trial. Staff requests that counties review this measure and provide
feedback as soon as possible.
DISPOSITION: Pending
COMMITTEE: Assembly Appropriations Committee
HEARING: 04/18/2012 9:00 am, Room 4202
Legislation Committee recommendation: OPPOSE
6. SB 1363 (Yee) Juveniles: Solitary Confinement – This bill would establish compulsory guidelines for the use
of solitary confinement within state and local juvenile detention centers. The objective of the measure is to ensure
that solitary confinement for juveniles is a last-resort option after all other less-restrictive options have been
exhausted.
Specifically, the measure would add Section 208.3 to the Welfare and Institutions Code, which would outline new
definitions and restricted uses for solitary confinement – defined as holding a person in isolation for 16 or more
hours per day. Among other provisions, SB 1363 would require that, when solitary confinement is used, that
clinical staff check minors daily to determine whether the detention option should continue.
SB 1363 will be amended to also address the composition of county juvenile justice commissions established
pursuant to WIC section 226. The bill will specify that membership of the commission must include parents or
guardians of previously or currently incarcerated youth, as well as a licensed social worker with experience in
adolescent development.
CSAC is concerned about the mandatory nature of many of the provisions, especially given that current Title 15
and 24 regulations offer guidelines for use of solitary confinement.
SB 1363 was heard in the Senate Public Safety Committee on April 17 and failed passage. Reconsideration was
granted by the Committee.
Legislation Committee recommendation: OPPOSE
7. AB 1436 (Feuer) Voter Registration. This bill would create a process for potential voters to register to vote
and vote in the final two weeks before an election, and is very similar to last year’s SB 641, which failed to pass
the Assembly Appropriations Committee. Currently, citizens must register at least fifteen days before an election
to vote in that election.
The most populous counties in the state already struggle to certify their votes by the end of the 28-day canvass
period. AB 1436 would add significantly to that struggle by requiring counties to process large numbers of voter
registration forms and provisional ballots. Verifying and counting provisional ballots are by far the most
time-consuming processes that county registrars must undertake during the canvass; AB 1436 would increase the
number of provisional ballots by multiples.
The new law would increase election departments’ workloads by, firstly, all the provisional ballots from voters
that would not otherwise have registered, but, more importantly, by the provisional ballots from all of the voters
that, absent this law, would have met the 14-day deadline but with it see no need to do so.
If this policy is an issue of statewide concern, as passing this mandate would indicate, then the state should be
willing to use statewide revenues to pay the cost. Alternatively, the state could authorize counties to implement
this program where it is a local priority.
DISPOSITION: Pending
COMMITTEE: Assembly Appropriations Committee
HEARING: 04/18/2012 9:00 am, Room 4202
Legislation Committee recommendation: OPPOSE
8. AB 2304 (Garrick) Pets: Cosmetic Teeth Cleaning . This bill would provide that "dental operation" for these
purposes (practicing veterinary medicine, surgery, and dentistry when engaged in various actions and procedures
with respect to animals, including the performance of a surgical or dental operation) does not include a service
whereby a person utilizes nonmotorized instruments to remove calculus, soft deposits, plaque, or stains from an
exposed area of a household pet's tooth above the gum line, provided that the service is performed exclusively for
cosmetic purposes and the person performing the service first obtains written permission from the person
requesting the service.
STATUS: 02/24/2012 INTRODUCED.
04/17/2012 In ASSEMBLY Committee on BUSINESS, PROFESSIONS & CONSUMER PROTECTION: Failed
passage.
Legislation Committee recommendation: OPPOSE (Note: Since the bill failed passage, the bill text is not
attached.)
9. AB 1901 (Jones) Counties: Construction Projects: Design-Build. Existing law, until July 1, 2014, authorizes
counties to use alternative procedures, known as design-build, for bidding on construction projects in the county in
excess of $2,500,000, in accordance with specified procedures. These procedures include a requirement for
contracts awarded after a certain date that a county board of supervisors pay a fee into the State Public Works
Enforcement Fund, which funds are continuously appropriated for the Department of Industrial Relations'
enforcement of prevailing wage requirements on public works projects. These procedures also require specified
information to be verified under oath.
This bill would extend these provisions until July 1, 2016, and would remove the dollar limitation on this
authorization that applies it only to projects in excess of $2,500,000.
DISPOSITION: Pending
COMMITTEE: Assembly Local Government Committee
HEARING: 04/25/2012 1:30 pm, Room 447
Legislation Committee recommendation: SUPPORT
10. AB 1592 (Olsen) Veterans: Benefits: Fee Waiver. This bill would authorize the governing board of any
county or city to grant financial assistance, relief, and support to disabled veterans by waiving service-related fees,
including building and inspection fees, charged by the county or city.
It is CSAC’s understanding that the author’s intention for the bill is to allow governing boards of counties and
cities to waive building and inspection permit fees for Americans With Disabilities Act (ADA) modifications to
homes that are owned by veterans with service-related disabilities. AB 1592 was passed out of the Assembly on
4/16/12.
DISPOSITION: Pending
LOCATION: SENATE
Legislation Committee recommendation: SUPPORT
11. AB 1827 (Bonilla) Infrastructure Financing Districts. Existing law authorizes a city, county, or city and
county to establish infrastructure financing districts for the sole purpose of financing public facilities utilizing
incremental property tax revenues, subject to adoption of a resolution by the legislative body and affected taxing
entities proposed to be subject to division of taxes and 2/3 voter approval. Existing law authorizes the legislative
body to, by majority vote, initiate proceedings to issue bonds for the financing of district projects by adopting a
resolution, subject to specified procedures and 2/3 voter approval . A district may not include a redevelopment
project area and a redevelopment project area may not include any portion of a district.
This bill would authorize a military base reuse authority to form an infrastru cture financing district for purposes
of financing public facilities and issuing bonds. The bill would further authorize infrastructure financing districts
to finance homeless accommodations, as specified .
DISPOSITION: Pending
COMMITTEE: Assembly Local Government Committee
HEARING: 04/25/2012 1:30 pm, Room 447
Legislation Committee recommendation: SUPPORT
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not take a position on these bills, the County will be unable to advocate for or
against them.
ATTACHMENTS
Text of Bills Included in Report
AMENDED IN ASSEMBLY JANUARY 13, 2012
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY MARCH 29, 2011
california legislature—2011–12 regular session
ASSEMBLY BILL No. 890
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Introduced by Assembly Members Olsen and Perea
(Coauthors: Assembly Members Garrick, Gorell, Grove, Harkey,
and Silva)
(Coauthors: Senators Berryhill, Harman, Rubio, and Runner)
February 17, 2011
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An act to add and repeal Section 21080.37 to of the Public Resources
Code, relating to the environment.
legislative counsel’s digest
AB 890, as amended, Olsen.Environment: CEQA exemption:
roadway improvement.
(1) The
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report (EIR) on a project that
it proposes to carry out or approve that may have a significant effect
on the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that may have a
significant effect on the environment if revisions in the project would
avoid or mitigate that effect and there is no substantial evidence that
the project, as revised, would have a significant effect on the
environment.
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CEQA exempts from its requirements specified projects or activities.
This bill would additionally, until January 1, 2026, exempt a project
or an activity that is undertaken, carried out, or approved by a city or
county, including a city and county, to improve public safety within an
existing road right-of-way. This bill would provide that this exemption
would not apply to a project or activity undertaken, carried out, or
approved for the purpose of increasing traffic capacity. Because a lead
agency would be required to determine whether a project falls within
the above exemption, this bill would impose a state-mandated local
program to repair, maintain, or make minor alterations to an existing
roadway if the project or activity is initiated by a city or county to
improve public safety, does not cross a waterway, and involves
negligible or no expansion of existing use.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes no.
State-mandated local program: yes no.
The people of the State of California do enact as follows:
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SECTION 1.Section 21080.37 is added to the Public Resources
Code, to read:
21080.37.(a) Except as provided in subdivision (b), this
division does not apply to a project or activity undertaken, carried
out, or approved by a city or county to improve public safety within
an existing road right-of-way.
(b) This section does not apply to a project or an activity
undertaken, carried out, or approved by a city or county for the
purpose of increasing traffic capacity.
21080.37.(a) This division does not apply to a project or an
activity to repair, maintain, or make minor alterations to an
existing roadway if all of the following conditions are met:
(1) The project is initiated by a city or county to improve public
safety.
(2) The project does not cross a waterway.
(3) The project involves negligible or no expansion of an existing
use.
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(b) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.
SEC. 2.No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
O
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AB 890— 3 —
AMENDED IN SENATE APRIL 16, 2012
AMENDED IN SENATE APRIL 11, 2012
AMENDED IN SENATE MARCH 27, 2012
SENATE BILL No. 1387
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Introduced by Senator Emmerson
(Coauthor: Senator Berryhill)
(Coauthor: Assembly Member Bill Berryhill)
February 24, 2012
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An act to amend Sections 21604 and 21608.5 of, and to add Section
21609.1 to, the Business and Professions Code, and to amend Sections
496a and 496e of the Penal Code, relating to metal theft.
legislative counsel’s digest
SB 1387, as amended, Emmerson.Metal theft.
(1) Existing law governs the business of buying, selling, and dealing
in secondhand and used machinery and all ferrous and nonferrous scrap
metals and alloys, also known as “junk.” Existing law requires junk
dealers and recyclers to keep a written record of all sales and purchases
made in the course of their business, including the name and address
of each person to whom junk is sold or disposed of, and to preserve the
written record for at least 2 years after making the final entry of any
purchase or sale of junk. Existing law provides that the failure to keep
a written record as required is punishable as a misdemeanor.
Existing law prohibits a junk dealer or recycler in this state from
providing payment for nonferrous metals unless, in addition to the
requirement to create and maintain a written record, specified
requirements are met, including that the payment for the material be
made by cash or check and that, at the time of sale, the junk dealer or
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recycler obtains a clear photograph or video of the seller. Existing law
requires the junk dealer or recycler to preserve this information for 2
years after the date of sale.
This bill would prohibit any junk dealer or recycler from possessing
a fire hydrant, fire department connection, including, but not limited
to, bronze or brass fittings or parts, a manhole cover or lid, or any part
of that cover or lid, or a backflow device and connections to that device
without a written certification on the letterhead of the agency or utility
that owns or previously owned the material and that the entity has sold
or is offering the material for sale, and that the person possessing the
certificate and identified in the certificate is authorized to negotiate the
sale of the material. The bill would make junk dealers and recyclers
civilly liable and would also provide that if a junk dealer or recycler
lacks the certification described above, the lack of that certification
would give rise to the presumption that the property was stolen for
purposes of the provisions proscribing receiving stolen property.
(2) Existing law makes it a crime to receive stolen property. Existing
law specifically provides that a person who is a dealer in or collector
of junk, metals, or secondhand materials, or the agent, employee, or
representative of the dealer or collector, and who buys or receives any
wire, cable, copper, lead, solder, mercury, iron, or brass that he or she
knows or reasonably should know is ordinarily used by or ordinarily
belongs to a railroad or other transportation, telephone, telegraph, gas,
water, or electric light company, or county, city, city and county, or
other political subdivision of the state engaged in furnishing public
utility service, without using due diligence to ascertain that the person
selling or delivering the property has the legal right to do so, is guilty
of criminally receiving that property. Existing law provides that this
crime is a misdemeanor. Existing law also provides that any person
who buys or receives, for purposes of salvage, any part of a fire hydrant
or fire department connection, as specified, is subject to a criminal fine
of not more than $3,000.
This bill would also prohibit any person, including a junk dealer or
recycler, engaged in the salvage, recycling, or purchase or sale of scrap
metal from possessing those items. The bill would expand the
prohibition described above proscribing the purchase or receipt of items
that a dealer or collector knows or reasonably should know is ordinarily
used by or ordinarily belongs to a transportation or utility company, or
a political subdivision of the state engaged in furnishing public utility
service, to also apply to recyclers, and to apply to the fire hydrants and
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other items described above. The bill would also expand the provision
providing that any person who buys or receives, for purposes of salvage,
any part of a fire hydrant or fire department connection is subject to a
criminal fine of not more than $3,000 by making that fine applicable
to any person who is engaged in the salvage, recycling, purchase, or
sale of scrap metal and who, knowing that the item has been stolen or
obtained in any manner constituting theft or extortion, possesses a fire
hydrant, or any part thereof, a fire department connection, including
brass fittings and parts, a manhole cover or lid, or any part of that cover
or lid, or a backflow device and connections to that device, or any part
of that device.
By creating new crimes, the bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1.The Legislature hereby finds and declares all of
the following:
(a) Theft of fire hydrants, manhole covers, and backflow devices
has significantly increased in recent years and represents a
significant health and safety issue.
(b) Local jurisdictions and public agencies have gone to great
lengths to preserve and protect residents and their property from
the damages that can result from such theft.
(c) Additional laws and regulations need to be enacted that
would provide local governments with the tools to further protect
both local government property and the health and safety of the
residents they serve.
(d) Therefore, it is the intent of the Legislature to strictly prohibit
fire hydrants, manhole covers, and backflow devices from being
accepted, in whole or in part, by a recycler or junk dealer for the
purpose of salvage, unless presented with written certification by
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SB 1387— 3 —
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a representative of the agency or utility owning or previously
owning the material.
(e) By strictly prohibiting these items from being recycled, the
burden is taken off of the recyclers as they will no longer be
saddled with the responsibility of having to decipher whether the
items were stolen or obtained illegally.
(f) Furthermore, the Legislature thinks it is important to enable
an agency to recoup, repair, and replace costs, attorney’s fees, and
lawsuit costs and will establish penalties for theft of such items.
SEC. 2.Section 21604 of the Business and Professions Code
is amended to read:
21604.Except as otherwise provided in this article, this article
does not apply to:
(a) Any person who buys or sells junk acquired in the conduct
of any business other than that of a junk dealer or recycler.
(b) Except as provided in Section 21609.1, those purchases of
scrap metal by a junk dealer or recycler when the payment for the
scrap metal is by check issued to the company represented as being
the owner of the scrap.
(c) Scrap metal purchased or received from another junk dealer
or recycler who has recorded, reported, and held the material as
required. The purchase or receipt shall also be exempt from further
holding or reporting provided that the selling party gives the buyer
written assurance of this fact. The seller shall be held responsible
for any failure to report or hold.
SEC. 3.Section 21608.5 of the Business and Professions Code
is amended to read:
21608.5.(a) A junk dealer or recycler in this state shall not
provide payment for nonferrous material unless, in addition to
meeting the written record requirements of Sections 21605 and
21606, all of the following requirements are met:
(1) The payment for the material is made by cash or check. The
check may be mailed to the seller at the address provided pursuant
to paragraph (3) or the cash or check may be collected by the seller
from the junk dealer or recycler on or after the third business day
after the date of sale.
(2) At the time of sale, the junk dealer or recycler obtains a clear
photograph or video of the seller.
(3) (A) Except as provided in subparagraph (B), the junk dealer
or recycler obtains a copy of the valid driver’s license of the seller
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containing a photograph and an address of the seller or a copy of
a state or federal government-issued identification card containing
a photograph and an address of the seller.
(B) If the seller prefers to have the check for the material mailed
to an alternative address, other than a post office box, the junk
dealer or recycler shall obtain a copy of a driver’s license or
identification card described in subparagraph (A), and a gas or
electric utility bill addressed to the seller at that alternative address
with a payment due date no more than two months prior to the
date of sale. For purposes of this paragraph, “alternative address”
means an address that is different from the address appearing on
the seller’s driver’s license or identification card.
(4) The junk dealer or recycler obtains a clear photograph or
video of the nonferrous material being purchased.
(5) The junk dealer or recycler shall preserve the information
obtained pursuant to this subdivision for a period of two years after
the date of sale.
(6) (A) The junk dealer or recycler obtains a thumbprint of the
seller, as prescribed by the Department of Justice. The junk dealer
or recycler shall keep this thumbprint with the information obtained
under this subdivision and shall preserve the thumbprint in either
hardcopy or electronic format for a period of two years after the
date of sale.
(B) Inspection or seizure of the thumbprint shall only be
performed by a peace officer acting within the scope of his or her
authority in response to a criminal search warrant signed by a
magistrate and served on the junk dealer or recycler by the peace
officer. Probable cause for the issuance of that warrant must be
based upon a theft specifically involving the transaction for which
the thumbprint was given.
(b) Paragraph (1) of subdivision (a) shall not apply if, during
any three-month period commencing on or after the effective date
of this section, the junk dealer or recycler completes five or more
separate transactions per month, on five or more separate days per
month, with the seller and, in order for paragraph (1) of subdivision
(a) to continue to be inapplicable, the seller must continue to
complete five or more separate transactions per month with the
junk dealer or recycler.
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SB 1387— 5 —
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(c) This section shall not apply if, on the date of sale, the junk
dealer or recycler has on file or receives all of the following
information:
(1) The name, physical business address, and business telephone
number of the seller’s business.
(2) The business license number or tax identification number
of the seller’s business.
(3) A copy of the valid driver’s license of the person delivering
the nonferrous material on behalf of the seller to the junk dealer
or the recycler.
(d) This section shall not apply to the redemption of nonferrous
material having a value of not more than twenty dollars ($20) in
a single transaction, when the primary purpose of the transaction
is the redemption of beverage containers under the California
Beverage Container Recycling and Litter Reduction Act, as set
forth in Division 12.1 (commencing with Section 14500) of the
Public Resources Code.
(e) This section shall not apply to coin dealers or to automobile
dismantlers, as defined in Section 220 of the Vehicle Code.
(f) For the purposes of this section, “nonferrous material” means
copper, copper alloys, stainless steel, or aluminum, but does not
include beverage containers, as defined in Section 14505 of the
Public Resources Code, that are subject to a redemption payment
pursuant to Section 14560 of the Public Resources Code.
(g) This section is intended to occupy the entire field of law
related to junk dealer or recycler transactions involving nonferrous
material. However, a city or county ordinance, or a city and county
ordinance, relating to the subject matter of this section is not in
conflict with this section if the ordinance is passed by a two-thirds
vote and it can be demonstrated by clear and convincing evidence
that the ordinance is both necessary and addresses a unique problem
within and specific to the jurisdiction of the ordinance that cannot
effectively be addressed under this section.
(h) This section shall become operative on December 1, 2008.
SEC. 4.Section 21609.1 is added to the Business and
Professions Code, to read:
21609.1.No junk dealer or recycler shall possess any fire
hydrant, or fire department connection, including, but not limited
to, brass fittings and parts, or manhole cover or lid or part of that
cover or lid, or backflow device or connection to that device or
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part of that device in the absence of a written certification on the
letterhead of the agency or utility owning or previously owning
the material described in the certification that the agency has either
sold the material described or is offering the material for sale,
salvage, or recycling, and that the person possessing the
certification and identified in the certification is authorized to
negotiate the sale of that material. The lack of a certification shall
give rise to a presumption, in the case of property that was stolen,
that the junk dealer or recycler knew or should have known that
the property was stolen for purposes of prosecution pursuant to
Sections 496, 496a, and 496e of the Penal Code.A junk dealer or
recycler violating this section shall also be liable to the owner of
the prohibited material for the value of the material and for
damages, including the cost of replacement and repair of damage
incurred by the agency when the materials were removed, court
costs, and reasonable attorney’s fees in a civil suit by the owner.
SEC. 5.Section 496a of the Penal Code is amended to read:
496a.(a) Every person who, being a dealer in or collector or
recycler of junk, metals, or secondhand materials, or the agent,
employee, or representative of that dealer or collector or recycler,
buys or receives any wire, cable, copper, lead, solder, mercury,
iron or brass, fire hydrants and connections to those hydrants,
including, but not limited to, bronze or brass fittings and parts, or
manhole covers or lids, or backflow devices and connections to
that device, which he or she knows or reasonably should know is
ordinarily used by or ordinarily belongs to a railroad or other
transportation, telephone, telegraph, gas, water, or electric light
company or fire department, or county, city, city and county, or
other political subdivision of this state engaged in furnishing public
utility service, including water and sanitation services, or fire
protection without using due diligence to ascertain that the person
selling or delivering the same has a legal right to do so, is guilty
of criminally receiving that property, and is punishable, by
imprisonment in a county jail for not more than one year, or by
imprisonment pursuant to subdivision (h) of Section 1170, or by
a fine of not more than two hundred fifty dollars ($250), or by both
that fine and imprisonment.
(b) (1) Any person buying or receiving material pursuant to
subdivision (a) shall, in addition to complying with the
requirements of Sections 21607 and 21608.5 of the Business and
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Professions Code, obtain evidence of the seller’s identity,
including, but not limited to, that seller’s full name, signature,
address, driver’s license number, vehicle license number, and the
license number of the vehicle delivering the material.
(2) The record of the transaction shall include an appropriate
description of the material purchased and such record shall be
maintained pursuant to Section 21607 of the Business and
Professions Code.
SEC. 6.Section 496e of the Penal Code is amended to read:
496e.(a) Any person who is engaged in the salvage, recycling,
purchase, or sale of scrap metal and who possesses any of the
following items that have been stolen or obtained in any manner
constituting theft or extortion, knowing the property to be so stolen
or obtained, is guilty of a crime:
(1) A fire hydrant or any part of that hydrant.
(2) Any fire department connection, including, but not limited
to, bronze or brass fittings and parts.
(3) Manhole covers or lids, or any part of those covers and lids.
(4) Backflow devices and connections to that device, or any
part of that device.
(b) A person who violates subdivision (a) shall, in addition to
any other penalty provided by law, be subject to a criminal fine of
not more than three thousand dollars ($3,000).
SEC. 7.No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.
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california legislature—2011–12 regular session
ASSEMBLY BILL No. 1640
1 Introduced by Assembly Member Mitchell
February 13, 2012
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An act to amend Section 11450 of, and to add Section 18927 to, the
Welfare and Institutions Code, relating to public social services.
legislative counsel’s digest
AB 1640, as introduced, Mitchell.CalWORKs and CalFresh benefits:
pregnant mothers.
Existing federal law provides for allocation of federal funds through
the federal Temporary Assistance for Needy Families (TANF) block
grant program to eligible states. Existing law provides for the California
Work Opportunity and Responsibility to Kids (CalWORKs) program
under which, through a combination of state and county funds and
federal funds received through the TANF program, each county provides
cash assistance and other benefits to qualified low-income families.
Under existing law, for a family that does not include a needy child
qualified for CalWORKs benefits, a pregnant mother is eligible for aid
for the month in which the birth is anticipated, and the 3 months
immediately prior to that month. However, CalWORKs aid is required
to be paid to a pregnant woman who is also eligible for the Cal-Learn
Program, as specified, at any time after verification of pregnancy.
Existing federal law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), known in California as CalFresh, under
which nutrition assistance benefits allocated to the state by the federal
government are distributed to eligible individuals by each county.
Existing federal law requires all SNAP recipients, unless otherwise
exempt, between 15 and 60 years of age, inclusive, who are physically
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and mentally fit, to register for employment and participate in the Food
Stamp Employment and Training (FSET) program. In accordance with
these federal provisions, existing law establishes the CalFresh
Employment and Training program (CalFresh E & T), for counties that
elect to participate.
This bill would require CalWORKs aid to be paid to a pregnant mother
at any time after verification of pregnancy, regardless of whether she
is eligible for the Cal-Learn Program. The bill also would prohibit, to
the extent permitted by federal law, a pregnant woman or pregnant
teenager from being denied or made ineligible for CalFresh benefits,
or from being required to participate in CalFresh E & T, at any time
after verification of pregnancy. Because the bill would expand eligibility
for CalWORKs aid under some circumstances, the bill would increase
the duties of counties in administering the program, thus imposing a
state-mandated local program.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would, instead, provide that the continuous appropriation
would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1.(a) This act shall be known and may be cited as
the Healthy Moms, Healthy Babies Act of 2012.
(b) The Legislature finds and declares all of the following:
(1) By not ensuring uninterrupted supportive services to the
mothers who are experiencing multiple stressful situations during
their pregnancies, very poor women are more likely to experience
premature and low birth-weight babies, and children are more
likely to experience short- and long-term health and behavioral
challenges that can interfere with their parents’ long-term economic
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sufficiency. The average first-year medical costs, including both
inpatient and outpatient care, were approximately 10 times greater
for preterm infants ($32,325) than for full-term infants ($3,325).
Additionally, preterm births are associated with lost household
income and decreased labor market productivity.
(2) Prenatal care during pregnancy can reduce risk factors and
diminish the effects of stress. Receiving earlier care provides
benefits for both the mother and the fetus. The current third
trimester CalWORKs eligibility test not only impacts these
beneficiaries basic needs grants, but also impacts health care and
prenatal services. Because CalWORKs eligibility triggers eligibility
for full-scope eligibility under Section 1931(b) of the federal Social
Security Act, pregnant women are not only required to change
cash-assistance caseworkers and rules, they also transition into a
new type of Medi-Cal coverage, which may require a change in
provider and doctor.
(3) With limited economic resources, pregnant women are less
able to afford healthy diets. As a result, many are not getting the
nutrients they need for better fetal development, which puts them
at risk for low infant birth rate and other abnormalities.
SEC. 2.Section 11450 of the Welfare and Institutions Code,
as amended by Section 13 of Chapter 501 of the Statutes of 2011,
is amended to read:
11450.(a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family’s income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, averaged for the prospective quarter pursuant to Sections
11265.2 and 11265.3, and then calculated pursuant to Section
11451.5, shall be deducted from the sum specified in the following
table, as adjusted for cost-of-living increases pursuant to Section
11453 and paragraph (2). In no case shall the amount of aid paid
for each month exceed the sum specified in the following table,
as adjusted for cost-of-living increases pursuant to Section 11453
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and paragraph (2), plus any special needs, as specified in
subdivisions (c), (e), and (f):
Maximum
aid
Number of
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$ 326 1..................................................................................
535 2..................................................................................
663 3..................................................................................
788 4..................................................................................
899 5..................................................................................
1,010 6..................................................................................
1,109 7..................................................................................
1,209 8..................................................................................
1,306 9..................................................................................
1,403 10 or more....................................................................
If, when, and during those times that the United States
government increases or decreases its contributions in assistance
of needy children in this state above or below the amount paid on
July 1, 1972, the amounts specified in the above table shall be
increased or decreased by an amount equal to that increase or
decrease by the United States government, provided that no
increase or decrease shall be subject to subsequent adjustment
pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted
for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94,
1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through
October 31, 1998, nor shall that amount be included in the base
for calculating any cost-of-living increases for any fiscal year
thereafter. Elimination of the cost-of-living adjustment pursuant
to this paragraph shall satisfy the requirements of Section 11453.05,
and no further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant mother
for the month in which the birth is anticipated and for the
three-month period immediately prior to the month in which the
birth is anticipated at any time after verification of pregnancy, in
the amount that would otherwise be paid to one person, as specified
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in subdivision (a), if the mother, and child, if born, would have
qualified for aid under this chapter. Verification of pregnancy shall
be required as a condition of eligibility for aid under this
subdivision.
(1) Aid shall also be paid to a pregnant woman with no other
children in the amount which would otherwise be paid to one
person under subdivision (a) at any time after verification of
pregnancy if the pregnant woman is also eligible for the Cal-Learn
Program described in Article 3.5 (commencing with Section 11331)
and if the mother, and child, if born, would have qualified for aid
under this chapter.
(2) Paragraph (1) shall apply only when the Cal-Learn Program
is operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a)
or (b) to meet special needs resulting from pregnancy if the mother,
and child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified
for aid under subdivision (a) is considered income under federal
law in the first five months of pregnancy, payments under this
subdivision shall not apply to persons eligible under subdivision
(a), except for the month in which birth is anticipated and for the
three-month period immediately prior to the month in which
delivery is anticipated, if the mother, and the child, if born, would
have qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there
shall be paid, exclusive of any amount considered exempt as
income, an amount of aid each month which, when added to the
child’s income, is equal to the rate specified in Section 11460,
11461, 11462, 11462.1, or 11463. In addition, the child shall be
eligible for special needs, as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a)
and Section 11453.1, a family shall be entitled to receive an
allowance for recurring special needs not common to a majority
of recipients. These recurring special needs shall include, but not
be limited to, special diets upon the recommendation of a physician
for circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
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utilities. The recurring special needs allowance for each family
per month shall not exceed that amount resulting from multiplying
the sum of ten dollars ($10) by the number of recipients in the
family who are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100),
with the exception of funds deposited in a restricted account
described in subdivision (a) of Section 11155.2, the family shall
also be entitled to receive an allowance for nonrecurring special
needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for
emergency housing needs other than those needs addressed by
paragraph (2). These needs shall be caused by sudden and unusual
circumstances beyond the control of the needy family. The
department shall establish the allowance for each of the
nonrecurring special need items. The sum of all nonrecurring
special needs provided by this subdivision shall not exceed six
hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families which are apparently eligible for aid under
this chapter. Apparent eligibility exists when evidence presented
by the applicant, or which is otherwise available to the county
welfare department, and the information provided on the
application documents indicate that there would be eligibility for
aid under this chapter if the evidence and information were verified.
However, an alien applicant who does not provide verification of
his or her eligible alien status, or a woman with no eligible children
who does not provide medical verification of pregnancy, is not
apparently eligible for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or
the family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also
considered homeless for the purpose of this section if the family
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has received a notice to pay rent or quit. The family shall
demonstrate that the eviction is the result of a verified financial
hardship as a result of extraordinary circumstances beyond their
control, and not other lease or rental violations, and that the family
is experiencing a financial crisis that could result in homelessness
if preventative assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65)
a day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall
each receive fifteen dollars ($15) per day, up to a daily maximum
of one hundred twenty-five dollars ($125). County welfare
departments may increase the daily amount available for temporary
shelter as necessary to secure the additional bedspace needed by
the family.
(ii) This special need shall be granted or denied immediately
upon the family’s application for homeless assistance, and benefits
shall be available for up to three working days. The county welfare
department shall verify the family’s homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the
county welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing
which shall be documented on a housing search form; good cause;
or other circumstances defined by the department. Documentation
of a housing search shall be required for the initial extension of
benefits beyond the three-day limit and on a weekly basis thereafter
as long as the family is receiving temporary shelter benefits. Good
cause shall include, but is not limited to, situations in which the
county welfare department has determined that the family, to the
extent it is capable, has made a good faith but unsuccessful effort
to secure permanent housing while receiving temporary shelter
benefits.
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(B) A nonrecurring special need for permanent housing
assistance is available to pay for last month’s rent and security
deposits when these payments are reasonable conditions of securing
a residence, or to pay for up to two months of rent arrearages, when
these payments are a reasonable condition of preventing eviction.
The last month’s rent or monthly arrearage portion of the
payment (i) shall not exceed 80 percent of the family’s total
monthly household income without the value of CalFresh benefits
or special needs for a family of that size and (ii) shall only be made
to families that have found permanent housing costing no more
than 80 percent of the family’s total monthly household income
without the value of CalFresh benefits or special needs for a family
of that size.
However, if the county welfare department determines that a
family intends to reside with individuals who will be sharing
housing costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance
shall be issued no later than one working day from the time that a
family presents evidence of the availability of permanent housing.
If an applicant family provides evidence of the availability of
permanent housing before the county welfare department has
established eligibility for aid under this chapter, the county welfare
department shall complete the eligibility determination so that the
denial of or payment for permanent housing assistance is issued
within one working day from the submission of evidence of the
availability of permanent housing, unless the family has failed to
provide all of the verification necessary to establish eligibility for
aid under this chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and
one payment of permanent assistance. Any family that includes a
parent or nonparent caretaker relative living in the home who has
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previously received temporary or permanent homeless assistance
at any time on behalf of an eligible child shall not be eligible for
further homeless assistance. Any person who applies for homeless
assistance benefits shall be informed that the temporary shelter
benefit of up to 16 consecutive days is available only once in a
lifetime, with certain exceptions, and that a break in the consecutive
use of the benefit constitutes permanent exhaustion of the
temporary benefit.
(ii) A family that becomes homeless as a direct and primary
result of a state or federally declared natural disaster shall be
eligible for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of
domestic violence by a spouse, partner, or roommate; physical or
mental illness that is medically verified that shall not include a
diagnosis of alcoholism, drug addiction, or psychological stress;
or the uninhabitability of the former residence caused by sudden
and unusual circumstances beyond the control of the family
including natural catastrophe, fire, or condemnation. These
circumstances shall be verified by a third-party governmental or
private health and human services agency, except that domestic
violence may also be verified by a sworn statement by the victim,
as provided under Section 11495.25. Homeless assistance payments
based on these specific circumstances may not be received more
often than once in any 12-month period. In addition, if the domestic
violence is verified by a sworn statement by the victim, the
homeless assistance payments shall be limited to two periods of
not more than 16 consecutive calendar days of temporary assistance
and two payments of permanent assistance. A county may require
that a recipient of homeless assistance benefits who qualifies under
this paragraph for a second time in a 24-month period participate
in a homelessness avoidance case plan as a condition of eligibility
for homeless assistance benefits. The county welfare department
shall immediately inform recipients who verify domestic violence
by a sworn statement pursuant to clause (iii) of the availability of
domestic violence counseling and services, and refer those
recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
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avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the
department through a statewide homeless assistance payment
indicator system, necessary data, as requested by the department,
regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move
within the 12-month period specified in subparagraph (E), the
family shall be allowed to use any refunds received from its
deposits to meet the costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year’s Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless
the provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits
are available and shall provide an opportunity for recipients to
apply for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute part of the payment schedule set forth in subdivision
(a).
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The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing
with Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which,
when added to the child’s income, is equal to the rate specified in
Sections 11364 and 11387.
(k) (1) A county shall comply with the quarterly reporting
provisions of this section until the county certifies to the director
that semiannual reporting has been implemented in the county.
(2) This section shall become inoperative on October 1, 2013,
and, as of January 1, 2014, is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 3.Section 11450 of the Welfare and Institutions Code,
as added by Section 14 of Chapter 501 of the Statutes of 2011, is
amended to read:
11450.(a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family’s income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period
pursuant to Sections 11265.2 and 11265.3, and then calculated
pursuant to Section 11451.5, shall be deducted from the sum
specified in the following table, as adjusted for cost-of-living
increases pursuant to Section 11453 and paragraph (2). In no case
shall the amount of aid paid for each month exceed the sum
specified in the following table, as adjusted for cost-of-living
increases pursuant to Section 11453 and paragraph (2), plus any
special needs, as specified in subdivisions (c), (e), and (f):
Maximum
aid
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eligible needy
persons in
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the same home
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If, when, and during those times that the United States
government increases or decreases its contributions in assistance
of needy children in this state above or below the amount paid on
July 1, 1972, the amounts specified in the above table shall be
increased or decreased by an amount equal to that increase or
decrease by the United States government, provided that no
increase or decrease shall be subject to subsequent adjustment
pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted
for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94,
1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through
October 31, 1998, nor shall that amount be included in the base
for calculating any cost-of-living increases for any fiscal year
thereafter. Elimination of the cost-of-living adjustment pursuant
to this paragraph shall satisfy the requirements of Section 11453.05,
and no further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant mother
for the month in which the birth is anticipated and for the
three-month period immediately prior to the month in which the
birth is anticipated at any time after verification of pregnancy, in
the amount that would otherwise be paid to one person, as specified
in subdivision (a), if the mother, and child, if born, would have
qualified for aid under this chapter. Verification of pregnancy shall
be required as a condition of eligibility for aid under this
subdivision.
(1) Aid shall also be paid to a pregnant woman with no other
children in the amount which would otherwise be paid to one
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person under subdivision (a) at any time after verification of
pregnancy if the pregnant woman is also eligible for the Cal-Learn
Program described in Article 3.5 (commencing with Section 11331)
and if the mother, and child, if born, would have qualified for aid
under this chapter.
(2) Paragraph (1) shall apply only when the Cal-Learn Program
is operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a)
or (b) to meet special needs resulting from pregnancy if the mother,
and child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified
for aid under subdivision (a) is considered income under federal
law in the first five months of pregnancy, payments under this
subdivision shall not apply to persons eligible under subdivision
(a), except for the month in which birth is anticipated and for the
three-month period immediately prior to the month in which
delivery is anticipated, if the mother, and the child, if born, would
have qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there
shall be paid, exclusive of any amount considered exempt as
income, an amount of aid each month which, when added to the
child’s income, is equal to the rate specified in Section 11460,
11461, 11462, 11462.1, or 11463. In addition, the child shall be
eligible for special needs, as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a)
and Section 11453.1, a family shall be entitled to receive an
allowance for recurring special needs not common to a majority
of recipients. These recurring special needs shall include, but not
be limited to, special diets upon the recommendation of a physician
for circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family
per month shall not exceed that amount resulting from multiplying
the sum of ten dollars ($10) by the number of recipients in the
family who are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100),
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with the exception of funds deposited in a restricted account
described in subdivision (a) of Section 11155.2, the family shall
also be entitled to receive an allowance for nonrecurring special
needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for
emergency housing needs other than those needs addressed by
paragraph (2). These needs shall be caused by sudden and unusual
circumstances beyond the control of the needy family. The
department shall establish the allowance for each of the
nonrecurring special need items. The sum of all nonrecurring
special needs provided by this subdivision shall not exceed six
hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families which are apparently eligible for aid under
this chapter. Apparent eligibility exists when evidence presented
by the applicant, or which is otherwise available to the county
welfare department, and the information provided on the
application documents indicate that there would be eligibility for
aid under this chapter if the evidence and information were verified.
However, an alien applicant who does not provide verification of
his or her eligible alien status, or a woman with no eligible children
who does not provide medical verification of pregnancy, is not
apparently eligible for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or
the family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also
considered homeless for the purpose of this section if the family
has received a notice to pay rent or quit. The family shall
demonstrate that the eviction is the result of a verified financial
hardship as a result of extraordinary circumstances beyond their
control, and not other lease or rental violations, and that the family
is experiencing a financial crisis that could result in homelessness
if preventative assistance is not provided.
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(A) (i) A nonrecurring special need of sixty-five dollars ($65)
a day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall
each receive fifteen dollars ($15) per day, up to a daily maximum
of one hundred twenty-five dollars ($125). County welfare
departments may increase the daily amount available for temporary
shelter as necessary to secure the additional bedspace needed by
the family.
(ii) This special need shall be granted or denied immediately
upon the family’s application for homeless assistance, and benefits
shall be available for up to three working days. The county welfare
department shall verify the family’s homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the
county welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing
which shall be documented on a housing search form; good cause;
or other circumstances defined by the department. Documentation
of a housing search shall be required for the initial extension of
benefits beyond the three-day limit and on a weekly basis thereafter
as long as the family is receiving temporary shelter benefits. Good
cause shall include, but is not limited to, situations in which the
county welfare department has determined that the family, to the
extent it is capable, has made a good faith but unsuccessful effort
to secure permanent housing while receiving temporary shelter
benefits.
(B) A nonrecurring special need for permanent housing
assistance is available to pay for last month’s rent and security
deposits when these payments are reasonable conditions of securing
a residence, or to pay for up to two months of rent arrearages, when
these payments are a reasonable condition of preventing eviction.
The last month’s rent or monthly arrearage portion of the
payment (i) shall not exceed 80 percent of the family’s total
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monthly household income without the value of CalFresh benefits
or special needs for a family of that size and (ii) shall only be made
to families that have found permanent housing costing no more
than 80 percent of the family’s total monthly household income
without the value of CalFresh benefits or special needs for a family
of that size.
However, if the county welfare department determines that a
family intends to reside with individuals who will be sharing
housing costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance
shall be issued no later than one working day from the time that a
family presents evidence of the availability of permanent housing.
If an applicant family provides evidence of the availability of
permanent housing before the county welfare department has
established eligibility for aid under this chapter, the county welfare
department shall complete the eligibility determination so that the
denial of or payment for permanent housing assistance is issued
within one working day from the submission of evidence of the
availability of permanent housing, unless the family has failed to
provide all of the verification necessary to establish eligibility for
aid under this chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and
one payment of permanent assistance. Any family that includes a
parent or nonparent caretaker relative living in the home who has
previously received temporary or permanent homeless assistance
at any time on behalf of an eligible child shall not be eligible for
further homeless assistance. Any person who applies for homeless
assistance benefits shall be informed that the temporary shelter
benefit of up to 16 consecutive days is available only once in a
lifetime, with certain exceptions, and that a break in the consecutive
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use of the benefit constitutes permanent exhaustion of the
temporary benefit.
(ii) A family that becomes homeless as a direct and primary
result of a state or federally declared natural disaster shall be
eligible for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of
domestic violence by a spouse, partner, or roommate; physical or
mental illness that is medically verified that shall not include a
diagnosis of alcoholism, drug addiction, or psychological stress;
or, the uninhabitability of the former residence caused by sudden
and unusual circumstances beyond the control of the family
including natural catastrophe, fire, or condemnation. These
circumstances shall be verified by a third-party governmental or
private health and human services agency, except that domestic
violence may also be verified by a sworn statement by the victim,
as provided under Section 11495.25. Homeless assistance payments
based on these specific circumstances may not be received more
often than once in any 12-month period. In addition, if the domestic
violence is verified by a sworn statement by the victim, the
homeless assistance payments shall be limited to two periods of
not more than 16 consecutive calendar days of temporary assistance
and two payments of permanent assistance. A county may require
that a recipient of homeless assistance benefits who qualifies under
this paragraph for a second time in a 24-month period participate
in a homelessness avoidance case plan as a condition of eligibility
for homeless assistance benefits. The county welfare department
shall immediately inform recipients who verify domestic violence
by a sworn statement pursuant to clause (iii) of the availability of
domestic violence counseling and services, and refer those
recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
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what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the
department through a statewide homeless assistance payment
indicator system, necessary data, as requested by the department,
regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move
within the 12-month period specified in subparagraph (E), the
family shall be allowed to use any refunds received from its
deposits to meet the costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year’s Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless
the provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits
are available and shall provide an opportunity for recipients to
apply for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute part of the payment schedule set forth in subdivision
(a).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing
with Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which,
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when added to the child’s income, is equal to the rate specified in
Sections 11364 and 11387.
(k) (1) This section shall become operative on April 1, 2013.
A county shall implement the semiannual reporting requirements
in accordance with the act that added this section no later than
October 1, 2013.
(2) Upon implementation described in paragraph (1), each
county shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of
this section.
SEC. 4.Section 18927 is added to the Welfare and Institutions
Code, to read:
18927.To the extent permitted by federal law, a pregnant
woman or pregnant teenager shall not be denied or made ineligible
for CalFresh benefits, or be required to participate in the CalFresh
Employment and Training program described in Section 18926 at
any time after verification of pregnancy.
SEC. 5.No appropriation pursuant to Section 15200 of the
Welfare and Institutions Code shall be made for purposes of
implementing this act.
SEC. 6.If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.
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AB 1640— 19 —
california legislature—2011–12 regular session
ASSEMBLY BILL No. 1691
1 Introduced by Assembly Member Bonnie Lowenthal
February 15, 2012
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An act to amend Section 11322.8 of the Welfare and Institutions
Code, relating to CalWORKs.
legislative counsel’s digest
AB 1691, as introduced, Bonnie Lowenthal.CalWORKs:
welfare-to-work activities.
Existing law requires each county to provide cash assistance and other
social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. Under existing law, with certain
exceptions, every individual, as a condition of eligibility for aid under
the CalWORKs program, is required to participate in welfare-to-work
activities. Under existing law, the activities in which a recipient may
engage include various education and vocational training activities, as
described, including English as a second language education. Certain
of these activities are defined as core welfare-to-work activities, in
which an adult recipient is required to participate for at least 20 hours
each week.
This bill would include as a core welfare-to-work activity English as
a second language education, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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The people of the State of California do enact as follows:
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SECTION 1.Section 11322.8 of the Welfare and Institutions
Code is amended to read:
11322.8.(a) Unless otherwise exempt, an adult recipient in a
one-parent assistance unit shall participate in welfare-to-work
activities for 32 hours each week.
(b) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate
in at least 35 hours of welfare-to-work activities each week.
However, both parents in a two-parent assistance unit may
contribute to the 35 hours if at least one parent meets the federal
one-parent work requirement applicable on January 1, 1998.
(c) An adult recipient required to participate under subdivision
(a) or (b) shall participate for at least 20 hours each week in core
welfare-to-work activities. The welfare-to-work activities listed
in subdivisions (a) to (j), inclusive, English as a second language
education as listed in subdivision (k), and (m) and (n), of Section
11322.6, are core activities for the purposes of this section.
Participation in English as a second language education under
subdivision (k) of Section 11322.6 as a core activity shall be limited
to a total of eight months. On a case-by-case basis, a county may
extend this period of time to 12 months. Following the receipt of
these services as a core activity, an adult recipient may continue
to participate in this activity as a noncore activity. Participation
in core activities under subdivision (m) of Section 11322.6 shall
be limited to a total of 12 months. Additional hours that the
applicant or recipient is required to participate under subdivisions
(a) or (b) of this section may be satisfied by any of the
welfare-to-work activities described in Section 11322.6 that are
consistent with the assessment performed in accordance with
Section 11325.4, and included in the individual’s welfare-to-work
plan, described in Section 11325.21.
(d) Hours spent in activities listed under subdivision (q) of
Section 11322.6 shall count toward the core activity requirement
in subdivision (c) to the extent that these activities are necessary
to enable the individual to participate in core activities and to the
extent these activities cannot be accomplished within the additional
noncore hours of participation required by subdivision (c).
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(e) Hours spent in classroom, laboratory, or internship activities
pursuant to subdivisions (k), (l), (o), and (p) of Section 11322.6
shall count toward the core activity requirement in subdivision (c)
to the extent these activities cannot be accomplished within the
additional noncore hours of participation, the county determines
the program is likely to lead to self-supporting employment, and
the recipient makes satisfactory progress. The provisions in
paragraph (2), and subparagraphs (A) and (B) of paragraph (3), of
subdivision (a) of Section 11325.23 shall apply to participants in
these activities.
(f) Spending hours in any or all of the activities specified in
subdivision (r) of Section 11322.6 shall not make a recipient
ineligible to count activities set forth in subdivisions (d) and (e)
toward the core activities requirements, as appropriate.
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AB 1691— 3 —
AMENDED IN ASSEMBLY MARCH 14, 2012
california legislature—2011–12 regular session
ASSEMBLY BILL No. 1709
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(Coauthors: Assembly Members Alejo, Ammiano, and Wieckowski)
February 15, 2012
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An act to amend Sections 701, 702, 704, and 706 of, and to add
Section 679.5 to, the Welfare and Institutions Code, relating to juveniles.
legislative counsel’s digest
AB 1709, as amended, Mitchell.Juveniles: jury trial.
Existing
(1) Existing law provides that any person under 18 years of age who
commits a crime is within the jurisdiction of the juvenile court, except
as specified. The juvenile court must adjudicate a petition to declare a
detained minor a ward of the court within 15 days after the petition is
filed. Existing law, contained in 2 initiative statutes, commonly known
as the Three Strikes law, requires increased penalties for certain
recidivist offenders in addition to any other enhancement or penalty
provisions that may apply. Existing law requires that if a defendant has
2 or more prior violent or serious felony convictions, the term for the
current felony conviction shall be an indeterminate term of imprisonment
in the state prison for life with a minimum term to be served, as
specified. Under certain circumstances, a juvenile adjudication
constitutes a violent or serious felony conviction under those provisions.
This bill would provide require that a youth who is 16 years of age
or older at the time of the commission of an offense that could be used
as a future felony conviction under the Three Strikes law is be entitled
to a jury trial in the juvenile court. Under this bill,The bill also would
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require that the jury trial would proceed in the same manner as a jury
trial in criminal court. This bill would provide that the right to a jury
trial does not affect the right of a detained minor to adjudication of the
petition to declare him or her a ward of the court within 15 days of the
filing of the petition. This bill would also make conforming changes.
(2) Existing law authorizes a juvenile court to temporarily commit
a ward of the court to a diagnostic and treatment center of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, for up to 90 days if the ward is otherwise eligible for
commitment and the court concludes that the commitment would be in
the ward’s best interest, including in cases in which the minor has been
adjudged a ward of the court due to habitual disobedience or truancy
or due to the violation of any state or federal law or local ordinance
defining crime, as specified. Existing law requires the Chief of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, to forward the minor’s diagnosis and treatment
recommendations to the court within that 90-day period.
This bill would limit these provisions to minors who have been
adjudicated as wards of the court for violating any state or federal law
or local ordinance defining a crime, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.Section 679.5 is added to the Welfare and
Institutions Code, to read:
679.5.(a) A youth who is 16 years of age or older at the time
of the commission of an offense, which, upon admission or
adjudication, could be used as a future felony conviction under
paragraph (3) of subdivision (d) of Section 667 of the Penal Code
or under paragraph (3) of subdivision (b) of Section 1170.12 of
the Penal Code, shall be entitled to a jury trial.
(b) A jury trial under this section shall proceed as provided in
Chapter 7 (commencing with Section 1041) and Chapter 8
(commencing with Section 1046) of Title 6 of, and Title 7
(commencing with Section 1065) of, Part 2 of the Penal Code.
(c) This section does not affect the right of a detained youth
under Section 657 to a trial within 15 days of the filing of the
petition to declare the youth a ward of the court.
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SEC. 2.Section 701 of the Welfare and Institutions Code is
amended to read:
701.At the hearing, the court or jury as provided by Section
679.5 shall consider only the question of whether the minor is a
person described by Section 300, 601, or 602. The admission and
exclusion of evidence shall be pursuant to the rules of evidence
established by the Evidence Code and by judicial decision. Proof
beyond a reasonable doubt supported by evidence, legally
admissible in the trial of criminal cases, must be adduced to support
a finding that the minor is a person described by Section 602, and
a preponderance of evidence, legally admissible in the trial of civil
cases, must be adduced to support a finding that the minor is a
person described by Section 300 or 601. When it appears that the
minor has made an extrajudicial admission or confession and denies
the same at the hearing, the court may continue the hearing for not
to exceed seven days to enable the prosecuting attorney to subpoena
witnesses to attend the hearing to prove the allegations of the
petition. If the minor is not represented by counsel at the hearing,
it shall be deemed that objections that could have been made to
the evidence were made.
SEC. 3.Section 702 of the Welfare and Institutions Code is
amended to read:
702.After hearing the evidence, the court or jury as provided
by Section 679.5 shall make a finding, noted in the minutes of the
court, whether or not the minor is a person described by Section
300, 601, or 602. If the court or jury finds that the minor is not
such a person, the court shall order that the petition be dismissed
and the minor be discharged from any detention or restriction
theretofore ordered. If the court or jury finds that the minor is such
a person, the court shall make and enter those findings and order
accordingly, and shall then proceed to hear evidence on the
question of the proper disposition to be made of the minor. Prior
to doing so, the court may continue the hearing, if necessary, to
receive the social study of the probation officer, to refer the minor
to a juvenile justice community resource program as defined in
Article 5.2 (commencing with Section 1784) of Chapter 1 of
Division 2.5, or to receive other evidence on its own motion or the
motion of a parent or guardian for not to exceed 10 judicial days
if the minor is detained during the continuance. If the minor is not
detained, it may continue the hearing to a date not later than 30
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days after the date of filing of the petition. The court may, for good
cause shown, continue the hearing for an additional 15 days, if the
minor is not detained. The court may make an order for detention
of the minor or his or her release from detention, during the period
of the continuance, as is appropriate.
If the minor is found to have committed an offense which would
in the case of an adult be punishable alternatively as a felony or a
misdemeanor, the court shall declare the offense to be a
misdemeanor or felony.
SEC. 4.Section 704 of the Welfare and Institutions Code is
amended to read:
704.(a) If the court or jury as provided by Section 679.5 has
determined that a minor is a person described by Section 602, or
if the court has determined that a minor is a person described by
Section 601 and a supplemental petition for commitment of the
minor to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities has been filed pursuant to Section
777, and the minor is otherwise eligible for commitment to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, the court, if it concludes that a disposition of the case
in the best interest of the minor requires that observation and
diagnosis be made at a diagnostic and treatment center of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, may continue the hearing and order that the minor be
placed temporarily in a center for a period not to exceed 90 days,
with the further provision in the order that the Director Chief of
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities report to the court its the diagnosis and his or
her recommendations concerning the minor within the 90-day
period.
(b) The Chief of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities shall, within the 90
days, cause the minor to be observed and examined and shall
forward to the court his diagnosis and recommendation concerning
that minor’s future care, supervision, and treatment.
(c) The Department of Corrections and Rehabilitation, Division
of Juvenile Facilities shall accept the person if there is in effect a
contract made pursuant to Section 1752.1 and if it believes that
the person can be materially benefited by such diagnostic and
treatment services, and if the Chief of the Department of
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Corrections and Rehabilitation, Division of Juvenile Facilities
certifies that staff and institutions are available. No such person
shall be transported to any facility under the jurisdiction of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities until the chief has notified the referring court of the place
to which that person is to be transported and the time at which he
can be received.
(d) The probation officer of the county in which an order is
made placing a minor in a diagnostic and treatment center pursuant
to this section, or any other peace officer designated by the court,
shall execute the order placing the minor in the center or returning
him therefrom to the court. The expense of the probation officer
or other peace officer incurred in executing that order is a charge
upon the county in which the court is situated.
SEC. 5.Section 706 of the Welfare and Institutions Code is
amended to read:
706.After a finding that a minor is a person described in
Section 601 or 602, the court shall hear evidence on the question
of the proper disposition to be made of the minor. The court shall
receive in evidence the social study of the minor made by the
probation officer and any other relevant and material evidence that
may be offered, including any written or oral statement offered by
the victim, the parent or guardian of the victim if the victim is a
minor, or if the victim has died or is incapacitated, the victim’s
next of kin, as authorized by subdivision (b) of Section 656.2. In
addition, if the probation officer has recommended that the minor
be transferred to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities pursuant to an adjudication for an
offense requiring him or her to register as a sex offender pursuant
to Section 290.008 of the Penal Code, the SARATSO selected
pursuant to subdivision (d) of Section 290.04 of the Penal Code
shall be used to assess the minor, and the court shall receive that
risk assessment score into evidence. In any judgment and order of
disposition, the court shall state that the social study made by the
probation officer has been read and that the social study and any
statement has been considered by the court.
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AMENDED IN SENATE APRIL 9, 2012
SENATE BILL No. 1363
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Introduced by Senator Yee
(Coauthor: Senator Vargas)
(Coauthor: Assembly Member Ammiano)
February 24, 2012
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An act to amend Sections 225, 226, 229, and 230 of, and to add
Section 208.3 to, the Welfare and Institutions Code, relating to juveniles.
legislative counsel’s digest
SB 1363, as amended, Yee.Juveniles: solitary confinement.
Existing
(1) Existing law permits minors who are detained in juvenile hall for
habitual disobedience, truancy, or curfew violation to be held in the
same facility as minors who are detained for violating any law or
ordinance defining a crime, if they do not come or remain in contact
with each other. Existing law also permits the detention of minors in
jails and other secure facilities for the confinement of adults if the minors
do not come, or remain, in contact with confined adults and other
specified conditions are met.
This bill would provide that a minor or ward who is detained in, or
sentenced to, any juvenile facility, jail, or other secure state or local
facility shall not be subject to solitary confinement, as defined, unless
the minor or ward poses an immediate and substantial risk of harm to
others or to the security of the facility, and all other less-restrictive
options have been exhausted. The bill would permit the minor or ward
to be held in solitary confinement only in accordance with specified
guidelines, including that the minor or ward be held in solitary
confinement only for the minimum time required to address the safety
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risk, but only if and that does not compromise the mental and physical
health of the minor or ward is not compromised. The bill would require
clinical staff to evaluate a minor or ward, and to issue a written directive
that the minor or ward shall not be placed in solitary confinement if
specified determinations are made. The bill would require these
evaluations to be incorporated into the initial intake assessment made
by clinical staff before a minor or ward is detained or committed to
placement, and to be reviewed during regularly scheduled mental health
appointments, assessments, or evaluations with clinical staff. The bill
would require clinical staff to evaluate a minor or ward in solitary
confinement daily to determine whether the minor or ward shall remain
in solitary confinement face to face within one hour after placement,
and every 4 hours thereafter, as specified. The bill would require
treatment staff to implement an individualized suicide crisis intervention
plan, as specified, before subjecting a minor or ward who has exhibited
suicidal behavior or committed acts of self-harm to solitary confinement.
By increasing the duties of local juvenile facilities, the bill would impose
a state-mandated local program.
(2) Existing law establishes a juvenile justice commission in each
county, but authorizes the boards of supervisors of 2 or more adjacent
counties to agree to establish a regional juvenile justice commission in
lieu of a county juvenile justice commission. Existing law specifies the
membership of these commissions, including that 2 or more members
shall be persons who are between 14 and 21 years of age, inclusive,
and that a regional juvenile justice commission shall consist of not less
than 8 citizens. Existing law requires a juvenile justice commission to
annually inspect any jail or lockup that, in the preceding calendar year,
was used for confinement for more than 24 hours of any minor, and to
report the results of the inspection, together with its recommendations
based thereon, in writing, to the juvenile court and the Board of State
and Community Corrections. Existing law authorizes a commission to
recommend to any person charged with the administration of the
Juvenile Court Law those changes as it has concluded, after
investigation, will be beneficial, and to publicize its recommendations.
This bill would provide that 2 or more members of these commissions
shall be parents or guardians of previously or currently incarcerated
youth, and one member shall be a licensed social worker with expertise
in adolescent development. The bill also would increase from 8 to 10
the minimum number of members of a regional juvenile justice
commission. The bill would require a juvenile justice commission, as
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part of its annual inspection of facilities, to review the records of the
jail, lockup, or facility as to the use of solitary confinement, and to
report the results of the inspection, together with its recommendations
based thereon, in writing, to the juvenile court, the county board of
supervisors, and the Board of State and Community Corrections. The
bill would require the commission to present its report at an annual
hearing on the condition of juvenile justice corrections as part of a
regularly scheduled public meeting of the county board of supervisors,
and to publish the report on the county government Internet Web site.
The bill also would require a commission to publicize its
recommendations made to any person charged with administration of
the Juvenile Court Law on the county government Internet Web site.
The
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1.Section 208.3 is added to the Welfare and
Institutions Code, to read:
208.3.(a) For purposes of this section, the following
definitions shall apply:
(1) “Clinician” means a licensed health or mental health care
professional.
(2) “Minor” means a person who is under 18 years of age or
a person under the maximum age of juvenile court jurisdiction
who is confined in a juvenile facility.
(1)
(3) “Solitary confinement” means the involuntary holding of a
person in isolation from persons, other than guards, custodial and
clinical staff, and an attorney, for 16 or more hours per day a room,
cell, or area from which the person is prevented from leaving.
(2)
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(4) “Ward” means a person who has been declared a ward of
the court pursuant to subdivision (a) of Section 602.
(b) (1) A minor or ward who is detained in, or sentenced to,
any juvenile facility, jail, or other secure state or local facility shall
not be subject to solitary confinement, unless the minor or ward
poses an immediate and substantial risk of harm to others or to the
security of the facility, and all other less-restrictive options have
been exhausted. A minor or ward may be held in solitary
confinement only for the minimum time required to address the
safety risk, but only if the mental and physical health of the minor
or ward is not compromised. in accordance with all of the following
guidelines:
(1) The minor or ward shall be held in solitary confinement
only for the minimum time required to address the safety risk, and
that does not compromise the mental and physical health of the
minor or ward.
(2) The minor or ward shall be evaluated face to face by a
clinician within one hour after placement in solitary confinement,
and every four hours thereafter to determine if the minor or ward
shall remain in solitary confinement. Each evaluation shall be
documented and shall include the reason for continued placement
in solitary confinement.
(3) The minor or ward shall not be placed in solitary
confinement for more than 24 consecutive hours in a one-week
period without the written approval of the Chief of the Division of
Juvenile Facilities or his or her designee.
(2) A minor or ward shall be evaluated by clinical staff to
determine whether either of the following apply to the minor or
ward. If either of the following apply, clinical staff shall issue a
written directive that the minor or ward shall not be placed in
solitary confinement:
(A) Placement in solitary confinement would exacerbate his or
her mental health condition or illness.
(B) Placement in solitary confinement would contribute to
suicidal acts or other self-harming behavior.
(3) Evaluations pursuant to paragraph (2) shall be incorporated
into the initial intake assessment made by clinical staff before a
minor or ward is detained or committed to placement, either
preadjudication or postadjudication, and shall be reviewed during
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regularly scheduled mental health appointments, assessments, or
evaluations with clinical staff.
(4) If the clinical staff approves placing the minor or ward in
solitary confinement, the supervisor of the clinical staff may review
the report and shall have the authority to overrule the
recommendation for placement in solitary confinement.
(c) Solitary confinement shall not be used for the purposes of
discipline or, punishment, coercion, convenience, or retaliation
by staff.
(d) (1) A minor or ward who has exhibited suicidal behavior
or committed acts of self-harm shall not be subject to solitary
confinement., except as provided in paragraphs (1) and (2) of
subdivision (b), and if both of the following conditions are met:
(A) The condition of the minor or ward is monitored closely by
a clinician in order to reduce and eliminate the risk of self-harm.
(B) Treatment staff implement an individualized suicide crisis
intervention plan approved by a clinician within four hours of
placing the minor or ward in solitary confinement.
(2) The minor or ward shall be moved to an off-site hospital or
mental health hospital if the suicide risk is not resolved within 24
hours.
(e) Each local and state juvenile facility shall document the
usage of solitary confinement, including the dates and duration
of each occurrence and the reason for placement in solitary
confinement. These records shall be available for public inspection
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(e) A minor or ward placed in solitary confinement shall not be
deprived of any of the following:
(1) Bed and bedding.
(2) Daily shower, access to a drinking fountain, a toilet, personal
hygiene items, and clean clothing.
(3) Full nutrition.
(4) Contact with attorneys.
(5) Exercise.
(6) Medical services and mental health counseling.
(7) Religious services.
(8) Clean and sanitary living conditions.
(9) The right to send and receive mail.
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(10) Education.
(11) Telephone calls and visitation during regular visiting hours.
(f) A minor whose disposition is in a county juvenile facility,
group home, or other probation-contracted facility shall not be
placed in solitary confinement within 60 days of his or her program
completion date. A ward confined to the custody of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
shall not be placed in solitary confinement within 150 days of his
or her discharge consideration.
(g) A minor or ward may request placement in solitary
confinement. The request may be granted only under exceptional
circumstances with the approval of the facility superintendent,
county probation chief, or facility principal, or the designee of any
of those persons, and if relevant, only after paragraphs (2) and (3)
of subdivision (b) have been satisfied. The facility superintendent,
county probation chief, or facility principal, or the designee of any
of those persons, shall explain in writing the reason for granting
or denying the request. A minor or ward in solitary confinement
based solely on his or her request may request, and shall be granted,
release from solitary confinement at any time.
(h) Clinical staff shall evaluate a minor or ward in solitary
confinement daily to determine whether the minor or ward shall
remain in solitary confinement.
(i)
(f) Nothing in this section shall be construed to conflict with
any law providing greater or additional protections to minors or
wards.
SEC. 2.Section 225 of the Welfare and Institutions Code is
amended to read:
225.(a) In each county there shall be a juvenile justice
commission consisting of not less than 7 seven and no more than
15 citizens. Two or more of the members shall be persons who are
between 14 and 21 years of age, provided inclusive, if there are
available persons between 14 and 21 years of age who are able to
carry out the duties of a commission member in a manner
satisfactory to the appointing authority.Two or more members
shall be parents or guardians of previously or currently
incarcerated youth. One member shall be a licensed social worker
with expertise in adolescent development. Each person serving as
a member of a probation committee immediately prior to
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September 15, 1961, shall be a member of the juvenile justice
commission and shall continue to serve as such until such time as
his or her term of appointment as a member of the probation
committee would have expired under any prior provision of law.
Upon a vacancy occurring in the membership of the commission,
and upon the expiration of the term of office of any member, a
successor shall be appointed by the presiding judge of the superior
court with the concurrence of the judge of the juvenile court or,
in a county having more than one judge of the juvenile court, with
the concurrence of the presiding judge of the juvenile court for a
term of four years.When If a vacancy occurs for any reason other
than the expiration of a term of office, the appointee to fill such
the vacancy shall hold office for the unexpired term of his or her
predecessor.
Appointments
(b) Appointments may be made by the presiding judge of the
superior court, in the same manner designated in this section for
the filling of vacancies, to increase the membership of a
commission to the maximum of 15 in any county which that has
a commission with a membership of less than 15 members.
In
(c) In any county in which the membership of the commission,
on the effective date of amendments to this section enacted at the
1971 Regular Session of the Legislature, exceeds the maximum
number permitted by this section, no additional appointments shall
be made until the number of commissioners is less than the
maximum number permitted by this section. In any case, such that
county’s commission membership shall, on or after January 1,
1974, be no greater than the maximum permitted by this section.
SEC. 3.Section 226 of the Welfare and Institutions Code is
amended to read:
226.In lieu of county juvenile justice commissions, the boards
of supervisors of two or more adjacent counties may agree to
establish a regional juvenile justice commission consisting of not
less than eight ten citizens, and having a sufficient number of
members so that their appointment may be equally apportioned
between the participating counties. Two or more of the members
shall be persons who are between 14 and 21 years of age, provided
inclusive, if there are available persons between 14 and 21 years
of age who are able to carry out the duties of a commission member
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in a manner satisfactory to the appointing authority.Two or more
members shall be parents or guardians of previously or currently
incarcerated youth. One member shall be a licensed social worker
with expertise in adolescent development.The presiding judge of
the superior court with the concurrence of the judge of the juvenile
court or, in a county having more than one judge of the juvenile
court, with the concurrence of the presiding judge of the juvenile
court of each of the participating counties shall appoint an equal
number of members to the regional justice commission and they
the members shall hold office for a term of four years. Of those
first appointed, however, if the number appointed be is an even
number, half shall serve for a term of two years and half shall serve
for a term of four years and if. If the number of members first
appointed be is an odd number, the greater number nearest half
shall serve for a term of two years and the remainder shall serve
for a term of four years. The respective terms of the members first
appointed shall be determined by lot as soon as possible after their
appointment. Upon a vacancy occurring in the membership of the
commission, and upon the expiration of the term of office of any
member, a successor shall be appointed by the presiding judge of
the superior court with the concurrence of the judge of the juvenile
court or, in a county having more than one judge of the juvenile
court, with the concurrence of the presiding judge of the juvenile
court of the county which that originally appointed such the
vacating or retiring member.When If a vacancy occurs for any
reason other than the expiration of a term of office, the appointee
shall hold office for the unexpired term of his or her predecessor.
SEC. 4.Section 229 of the Welfare and Institutions Code is
amended to read:
229.(a) It shall be the duty of a juvenile justice commission
to inquire into the administration of the juvenile court law in the
county or region in which the commission serves. For this purpose
the commission shall have access to all publicly administered
institutions authorized or whose use is authorized by this chapter
situated in the county or region, shall inspect such those institutions
no less frequently than at least once a year, and may hold public
hearings. A judge of the juvenile court shall have the power to
may issue subpoenas requiring attendance and testimony of
witnesses and production of papers at hearings of the commission.
A
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(b) A juvenile justice commission shall annually inspect any
jail or, lockup, or facility within the county which that, in the
preceding calendar year, was used for confinement for more than
24 hours of any minor. It As part of the annual inspection, the
commission shall review the records of the jail, lockup, or facility
as to the use of solitary confinement, as defined in paragraph (3)
of subdivision (a) of Section 208.3. The commission shall report
the results of such the inspection, together with its
recommendations based thereon, in writing, to the juvenile court,
the county board of supervisors, and to the Board of Corrections
the Board of State and Community Corrections. The commission
shall present its report at an annual hearing on the condition of
juvenile justice corrections as part of a regularly scheduled public
meeting of the county board of supervisors, and shall publish the
report on the county government Internet Web site.
SEC. 5.Section 230 of the Welfare and Institutions Code is
amended to read:
230.A juvenile justice commission may recommend to any
person charged with the administration of any of the provisions
of this chapter such those changes as it has concluded, after
investigation, will be beneficial. A commission may shall publicize
its recommendations on the county government Internet Web site.
SEC. 2.
SEC. 6.If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.
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AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY MARCH 20, 2012
california legislature—2011–12 regular session
ASSEMBLY BILL No. 1436
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Introduced by Assembly Member Feuer
(Coauthors: Assembly Members Alejo, Fong, Ma, Portantino, Solorio,
and Williams)
(Coauthors: Senators Padilla and Yee)
January 4, 2012
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An act to amend Sections 2107, 14310, and 18001 of, and to add
Article 4.5 (commencing with Section 2170) to Chapter 2 of Division
2 of, the Elections Code, relating to elections.
legislative counsel’s digest
AB 1436, as amended, Feuer.Voter registration.
Existing law establishes procedures regarding the registration of
voters. Under existing law, a person may not be registered to vote except
by affidavit of registration, and a voter may not vote in an election
unless his or her affidavit of registration is executed and received by
the county elections official on or before the 15th day prior to the
election. Existing law permits any registered voter to vote by a vote by
mail ballot, and further permits any voter using a vote by mail ballot to
vote the ballot at the office of the elections official beginning 29 days
before the election. Existing law requires that the affidavit of registration
show facts necessary to establish the affiant as an elector, as specified,
and provides that if the affiant has not been issued a current and valid
driver’s license or social security number, he or she shall be provided
a unique identification number for voter registration purposes.
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This bill would establish conditional voter registration, using an
affidavit of registration, whereby a person would be permitted to register
to vote after the 15th day prior to an election or on election day, and
cast a provisional ballot to be counted if the conditional voter registration
is deemed effective. This bill would provide that a conditional voter
registration shall be deemed effective only if the county elections official
is able to determine before or during the canvass period for the election
that the registrant is eligible to register to vote and that the registrant
has provided information that matches specified state or federal
databases.The bill would provide that if the information provided by
the registrant cannot be verified by matching the information to those
specified state or federal databases and the registrant is otherwise
eligible to vote the registrant shall be issued a unique identification
number pursuant to the above-referenced provisions and the conditional
voter registration shall be deemed effective. If a conditional voter
registration is not deemed effective pursuant to these new provisions,
the elections official would be required to process the affidavit of
registration as specified and, if the registrant meets all other eligibility
requirements to vote, the registration would be deemed effective in
forthcoming elections.
The bill would require the county elections official to offer conditional
voter registration and provisional voting at its permanent offices, and
would permit the official to offer this registration and voting at satellite
offices on election day, in accordance with specified procedures. The
bill would also require the county elections official to cancel, as
specified, duplicate voter registrations that may arise due to conditional
voter registration.
Existing law provides that upon conviction for a crime pertaining to
an election for which no fine is prescribed, the court may impose, in
addition to any prescribed imprisonment, a fine on the offender not
more than $1,000 for a misdemeanor or $10,000 for a felony.
This bill would increase the amount of that fine for a felony to
$25,000.
By creating new duties for local elections officials, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
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reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1.Section 2107 of the Elections Code is amended
to read:
2107.(a) Except as provided in subdivision (b) and Article
4.5 (commencing with Section 2170), the county elections official
shall accept affidavits of registration at all times except during the
14 days immediately preceding any election, when registration
shall cease for that election as to electors residing in the territory
within which the election is held. Transfers of registration for an
election may be made from one precinct to another precinct in the
same county at any time registration is in progress in the precinct
to which the elector seeks to transfer.
(b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:
(1) A mailed affidavit is postmarked on or before the 15th day
prior to the election and received by mail by the county elections
official before the close of the polls on election day.
(2) The affidavit is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a
voter registration agency pursuant to the National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day prior to the election.
SEC. 2.Article 4.5 (commencing with Section 2170) is added
to Chapter 2 of Division 2 of the Elections Code, to read:
Article 4.5. Conditional Voter Registration
2170.(a) “Conditional voter registration” means a properly
executed affidavit of registration, which is delivered by the
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registrant to a county elections official during the 14 days
immediately preceding an election or on election day and which
may be deemed effective pursuant to this article after the elections
official processes the affidavit, determines the registrant’s
eligibility to register, and validates the registrant’s information,
as specified in subdivision (c).
(b) In addition to other methods of voter registration provided
by this code, an elector who is otherwise qualified to register to
vote under this code and Section 2 of Article II of the California
Constitution may complete a conditional voter registration and
cast a provisional ballot during the 14 days immediately preceding
an election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective
only if the county elections official is able to determine before or
during the canvass period for the election that the registrant is
eligible to register to vote and that the information provided by
the registrant on the registration affidavit matches information
contained in a database maintained by the California Department
of Motor Vehicles, or other state government agency, or the federal
Social Security Administration.
(2) If the information provided by the registrant on the
registration affidavit cannot be verified pursuant to paragraph (1)
but the registrant is otherwise eligible to vote, the registrant shall
be issued a unique identification number pursuant to Section 2150
and the conditional voter registration shall be deemed effective.
(d) The county elections official shall offer conditional voter
registration and provisional voting pursuant to this article, in
accordance with the following procedures:
(1) The elections official shall provide conditional voter
registration and provisional voting pursuant to this article at all
permanent offices of the county elections official in the county.
(2) The elections official shall advise registrants that a
conditional voter registration will be effective only if the registrant
is determined to be eligible to register to vote for the election
pursuant to subdivision (c).
(3) The elections official shall conduct the receipt and handling
of each conditional voter registration and offer and receive a
corresponding provisional ballot in a manner that protects the
secrecy of the ballot and allows the elections official to process
the registration, to determine the registrant’s eligibility to register,
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and to validate the registrant’s information before counting or
rejecting the corresponding provisional ballot.
(4) After receiving a conditional voter registration, the elections
official shall process the registration, determine the registrant’s
eligibility to register, and attempt to validate the information.
(5) If a conditional registration is deemed effective, the elections
official shall include the corresponding provisional ballot in the
official canvass.
(6) If a conditional voter registration is not deemed effective
pursuant to this article, the elections official shall process the
affidavit of registration pursuant to Sections 2102 and 2107 and,
provided that the registrant meets all other eligibility requirements
to register to vote, the registration shall be deemed effective in
forthcoming elections.
(e) The county elections official may offer conditional voter
registration and provisional voting pursuant to this article on
election day at satellite offices of the county elections office, in
accordance with the procedures specified in paragraphs (2) to (6),
inclusive, of subdivision (d).
2171.(a) A conditional voter registration accepted under this
article shall include the information required by Article 4
(commencing with Section 2150).
(b) A conditional voter registration accepted under this article
shall be processed in accordance with general voter registration
procedures provided in this chapter and established by regulations
adopted by the Secretary of State.
(c) A provisional ballot cast under this article shall be subject
to the requirements for provisional voting in Article 5 (commencing
with Section 14310) of Chapter 3 of Division 14.
2172.(a) The elections official shall cancel any duplicate voter
registrations that may exist as a result of a conditional registration
deemed effective and shall cancel the duplicate registrations in
accordance with Chapter 3 (commencing with Section 2200).
(b) If it appears that a registrant may have committed fraud
within the meaning of Section 18560, the elections official shall
immediately notify in writing both the district attorney and the
Secretary of State.
SEC. 3.Section 14310 of the Elections Code is amended to
read:
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14310.(a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot
be immediately established upon examination of the index of
registration for the precinct or upon examination of the records on
file with the county elections official, shall be entitled to vote a
provisional ballot as follows:
(1) An elections official shall advise the voter of the voter’s
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
ballot, and a written affirmation regarding the voter’s registration
and eligibility to vote. The written instructions shall include the
information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter desires
to vote.
(b) Once voted, the voter’s ballot shall be sealed in a provisional
ballot envelope, and the ballot in its envelope shall be deposited
in the ballot box. All provisional ballots voted shall remain sealed
in their envelopes for return to the elections official in accordance
with the elections official’s instructions. The provisional ballot
envelopes specified in this subdivision shall be of a color different
than the color of, but printed substantially similar to, the envelopes
used for vote by mail ballots, and shall be completed in the same
manner as vote by mail envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures
on vote by mail ballots, the elections official shall compare the
signature on each provisional ballot envelope with the signature
on the voter’s affidavit of registration. If the signatures do not
compare or the provisional ballot envelope is not signed, the ballot
shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both, shall
not invalidate the ballot.
(2) (A) Provisional ballots shall not be included in any
semiofficial or official canvass, except under one or more of the
following conditions:
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(i) The elections official establishes prior to the completion of
the official canvass, from the records in his or her office, the
claimant’s right to vote.
(ii) The provisional ballot has been cast and included in the
canvass pursuant to Article 4.5 (commencing with Section 2170)
of Chapter 2 of Division 2.
(iii) Upon the order of a superior court in the county of the
voter’s residence.
(B) A voter may seek the court order specified in this paragraph
regarding his or her own ballot at any time prior to completion of
the official canvass. Any judicial action or appeal shall have
priority over all other civil matters. No fee shall be charged to the
claimant by the clerk of the court for services rendered in an action
under this section.
(3) The provisional ballot of a voter who is otherwise entitled
to vote shall not be rejected because the voter did not cast his or
her ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote
in his or her assigned precinct, the elections official shall count
the votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote
in his or her assigned precinct, the elections official shall count
only the votes for the candidates and measures on which the voter
was entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter’s provisional ballot was counted and, if not, the
reason why it was not counted.
(e) The Secretary of State may adopt appropriate regulations
for purposes of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote
by mail voter’s ballot.
(g) Any existing supply of envelopes marked “special challenged
ballot” may be used until the supply is exhausted.
SEC. 4.Section 18001 of the Elections Code is amended to
read:
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18001.Upon a conviction for any crime punishable by
imprisonment in any jail or prison, in relation to which no fine is
herein prescribed, the court may impose a fine on the offender not
exceeding one thousand dollars ($1,000) in cases of misdemeanors
or up to twenty-five thousand dollars ($25,000) in cases of felonies,
in addition to the imprisonment prescribed.
SEC. 5. If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.
O
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AMENDED IN ASSEMBLY APRIL 17, 2012
california legislature—2011–12 regular session
ASSEMBLY BILL No. 1901
1 Introduced by Assembly Member Jones
February 22, 2012
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An act to amend Section 20133 of the Public Contract Code, relating
to public contracts, and making an appropriation therefor.
legislative counsel’s digest
AB 1901, as amended, Jones.Counties: construction projects:
design-build.
Existing law, until July 1, 2014, authorizes counties to use alternative
procedures, known as design-build, for bidding on specified types of
construction projects in the county in excess of $2,500,000, in
accordance with specified procedures. These procedures include a
requirement for contracts awarded after a certain date that a county
board of supervisors pay a fee into the State Public Works Enforcement
Fund, which funds are continuously appropriated for the Department
of Industrial Relations’ enforcement of prevailing wage requirements
on public works projects. These procedures also require specified
information to be verified under oath.
This bill would extend these provisions until July 1, 2016, and would
remove revise the dollar limitation on this authorization so that it instead
applies it only to projects in excess of $2,500,000 $1,000,000. Because
the additionally authorized projects would require payment of fees into
the State Public Works Enforcement Fund, a continuously appropriated
fund, it would make an appropriation. Also, because the bill would
authorize additional contracts to be awarded under these provisions,
which would be subject to the requirement that certain information be
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verified under oath, it would impose a state-mandated local program
by expanding the scope of an existing crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1.Section 20133 of the Public Contract Code is
amended to read:
20133.(a) A county, with approval of the board of
supervisors, may utilize an alternative procedure for bidding on
construction projects in the county in excess of one million dollars
($1,000,000) and may award the project using either the lowest
responsible bidder or by best value.
(b) (1) It is the intent of the Legislature to enable counties to
utilize design-build for buildings and county sanitation wastewater
treatment facilities. It is not the intent of the Legislature to
authorize this procedure for other infrastructure, including, but not
limited to, streets and highways, public rail transit, or water
resources facilities and infrastructures.
(2) The Legislature also finds and declares that utilizing a
design-build contract requires a clear understanding of the roles
and responsibilities of each participant in the design-build process.
(3) (A) For contracts for public works projects awarded prior
to the effective date of regulations adopted by the Department of
Industrial Relations pursuant to subdivision (g) of Section 1771.5
of the Labor Code, if the board of supervisors elects to proceed
under this section, the board of supervisors shall establish and
enforce a labor compliance program containing the requirements
outlined in Section 1771.5 of the Labor Code, or it shall contract
with a third party to operate a labor compliance program containing
the requirements outlined in Section 1771.5 of the Labor Code.
This requirement shall not apply to any projects where the county
or the design-build entity has entered into a collective bargaining
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agreement that binds all of the contractors performing work on the
projects.
(B) For contracts for public works projects awarded on or after
the effective date of regulations adopted by the Department of
Industrial Relations pursuant to subdivision (g) of Section 1771.5
of the Labor Code, the board of supervisors shall reimburse the
department for its reasonable and directly related costs of
performing prevailing wage monitoring and enforcement on public
works projects pursuant to rates established by the department as
set forth in subdivision (h) of Section 1771.5 of the Labor Code.
All moneys collected pursuant to this paragraph shall be deposited
in the State Public Works Enforcement Fund created by Section
1771.3 of the Labor Code, and shall be used only for enforcement
of prevailing wage requirements on those projects.
(C) In lieu of reimbursing the Department of Industrial Relations
for its reasonable and directly related costs of performing
monitoring and enforcement on public works projects, the board
of supervisors may elect to continue operating an existing
previously approved labor compliance program to monitor and
enforce prevailing wage requirements on the project if it has either
not contracted with a third party to conduct its labor compliance
program and requests and receives approval from the department
to continue its existing program or it enters into a collective
bargaining agreement that binds all of the contractors performing
work on the project and that includes a mechanism for resolving
disputes about the payment of wages.
(c) As used in this section:
(1) “Best value” means a value determined by objective criteria
related to price, features, functions, and life-cycle costs.
(2) “Design-build” means a procurement process in which both
the design and construction of a project are procured from a single
entity.
(3) “Design-build entity” means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed
pursuant to a design-build contract.
(4) “Project” means the construction of a building and
improvements directly related to the construction of a building,
and county sanitation wastewater treatment facilities, but does not
include the construction of other infrastructure, including, but not
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limited to, streets and highways, public rail transit, or water
resources facilities and infrastructure.
(d) Design-build projects shall progress in a four-step process,
as follows:
(1) (A) The county shall prepare a set of documents setting
forth the scope of the project. The documents may include, but are
not limited to, the size, type, and desired design character of the
public improvement, performance specifications covering the
quality of materials, equipment, and workmanship, preliminary
plans or building layouts, or any other information deemed
necessary to describe adequately the county’s needs. The
performance specifications and any plans shall be prepared by a
design professional who is duly licensed and registered in
California.
(B) Any architect or engineer retained by the county to assist
in the development of the project specific documents shall not be
eligible to participate in the preparation of a bid with any
design-build entity for that project.
(2) (A) Based on the documents prepared in paragraph (1), the
county shall prepare a request for proposals that invites interested
parties to submit competitive sealed proposals in the manner
prescribed by the county. The request for proposals shall include,
but is not limited to, the following elements:
(i) Identification of the basic scope and needs of the project or
contract, the expected cost range, and other information deemed
necessary by the county to inform interested parties of the
contracting opportunity, to include the methodology that will be
used by the county to evaluate proposals and specifically if the
contract will be awarded to the lowest responsible bidder.
(ii) Significant objective factors that the county reasonably
expects to consider in evaluating proposals, including cost or price
and all nonprice related factors.
(iii) The relative importance of weight assigned to each of the
factors identified in the request for proposals.
(B) With respect to clause (iii) of subparagraph (A), if a
nonweighted system is used, the agency shall specifically disclose
whether all evaluation factors other than cost or price when
combined are:
(i) Significantly more important than cost or price.
(ii) Approximately equal in importance to cost or price.
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(iii) Significantly less important than cost or price.
(C) If the county chooses to reserve the right to hold discussions
or negotiations with responsive bidders, it shall so specify in the
request for proposal and shall publish separately or incorporate
into the request for proposal applicable rules and procedures to be
observed by the county to ensure that any discussions or
negotiations are conducted in good faith.
(3) (A) The county shall establish a procedure to prequalify
design-build entities using a standard questionnaire developed by
the county. In preparing the questionnaire, the county shall consult
with the construction industry, including representatives of the
building trades and surety industry. This questionnaire shall require
information including, but not limited to, all of the following:
(i) If the design-build entity is a partnership, limited partnership,
or other association, a listing of all of the partners, general partners,
or association members known at the time of bid submission who
will participate in the design-build contract, including, but not
limited to, mechanical subcontractors.
(ii) Evidence that the members of the design-build entity have
completed, or demonstrated the experience, competency, capability,
and capacity to complete, projects of similar size, scope, or
complexity, and that proposed key personnel have sufficient
experience and training to competently manage and complete the
design and construction of the project, as well as a financial
statement that assures the county that the design-build entity has
the capacity to complete the project.
(iii) The licenses, registration, and credentials required to design
and construct the project, including information on the revocation
or suspension of any license, credential, or registration.
(iv) Evidence that establishes that the design-build entity has
the capacity to obtain all required payment and performance
bonding, liability insurance, and errors and omissions insurance.
(v) Any prior serious or willful violation of the California
Occupational Safety and Health Act of 1973, contained in Part 1
(commencing with Section 6300) of Division 5 of the Labor Code,
or the federal Occupational Safety and Health Act of 1970 (Public
Law 91-596), settled against any member of the design-build entity,
and information concerning workers’ compensation experience
history and worker safety program.
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(vi) Information concerning any debarment, disqualification,
or removal from a federal, state, or local government public works
project. Any instance in which an entity, its owners, officers, or
managing employees submitted a bid on a public works project
and were found to be nonresponsive, or were found by an awarding
body not to be a responsible bidder.
(vii) Any instance in which the entity, or its owners, officers,
or managing employees, defaulted on a construction contract.
(viii) Any violations of the Contractors’ State License Law
(Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code), excluding alleged violations of
federal or state law including the payment of wages, benefits,
apprenticeship requirements, or personal income tax withholding,
or of Federal Insurance Contributions Act (FICA; 26 U.S.C. Sec.
3101 et seq.) withholding requirements settled against any member
of the design-build entity.
(ix) Information concerning the bankruptcy or receivership of
any member of the design-build entity, including information
concerning any work completed by a surety.
(x) Information concerning all settled adverse claims, disputes,
or lawsuits between the owner of a public works project and any
member of the design-build entity during the five years preceding
submission of a bid pursuant to this section, in which the claim,
settlement, or judgment exceeds fifty thousand dollars ($50,000).
Information shall also be provided concerning any work completed
by a surety during this period.
(xi) In the case of a partnership or an association that is not a
legal entity, a copy of the agreement creating the partnership or
association and specifying that all partners or association members
agree to be fully liable for the performance under the design-build
contract.
(xii) (I) Any instance in which the entity, or any of its members,
owners, officers, or managing employees was, during the five years
preceding submission of a bid pursuant to this section, determined
by a court of competent jurisdiction to have submitted, or legally
admitted for purposes of a criminal plea to have submitted either
of the following:
(ia) Any claim to any public agency or official in violation of
the federal False Claims Act (31 U.S.C. Sec. 3729 et seq.).
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(ib) Any claim to any public official in violation of the
California False Claims Act (Article 9 (commencing with Section
12650) of Chapter 6 of Part 2 of Division 3 of the Government
Code).
(II) Information provided pursuant to this subdivision shall
include the name and number of any case filed, the court in which
it was filed, and the date on which it was filed. The entity may
also provide further information regarding any such instance,
including any mitigating or extenuating circumstances that the
entity wishes the county to consider.
(B) The information required pursuant to this subdivision shall
be verified under oath by the entity and its members in the manner
in which civil pleadings in civil actions are verified. Information
that is not a public record pursuant to the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code) shall not be open to public
inspection.
(4) The county shall establish a procedure for final selection of
the design-build entity. Selection shall be based on either of the
following criteria:
(A) A competitive bidding process resulting in lump-sum bids
by the prequalified design-build entities. Awards shall be made to
the lowest responsible bidder.
(B) A county may use a design-build competition based upon
best value and other criteria set forth in paragraph (2). The
design-build competition shall include the following elements:
(i) Competitive proposals shall be evaluated by using only the
criteria and selection procedures specifically identified in the
request for proposal. However, the following minimum factors
shall each represent at least 10 percent of the total weight of
consideration given to all criteria factors: price, technical design,
and construction expertise, life cycle costs over 15 years or more,
skilled labor force availability, and acceptable safety record.
(ii) Once the evaluation is complete, the top three responsive
bidders shall be ranked sequentially from the most advantageous
to the least.
(iii) The award of the contract shall be made to the responsible
bidder whose proposal is determined, in writing, to be the most
advantageous.
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(iv) Notwithstanding any provision of this code, upon issuance
of a contract award, the county shall publicly announce its award,
identifying the contractor to whom the award is made, along with
a written decision supporting its contract award and stating the
basis of the award. The notice of award shall also include the
county’s second and third ranked design-build entities.
(v) For purposes of this paragraph, “skilled labor force
availability” shall be determined by the existence of an agreement
with a registered apprenticeship program, approved by the
California Apprenticeship Council, which has graduated
apprentices in each of the preceding five years. This graduation
requirement shall not apply to programs providing apprenticeship
training for any craft that has been deemed by the Department of
Labor and the Department of Industrial Relations to be an
apprenticeable craft in the five years prior to enactment of this act.
(vi) For purposes of this paragraph, a bidder’s “safety record”
shall be deemed “acceptable” if its experience modification rate
for the most recent three-year period is an average of 1.00 or less,
and its average total recordable injury/illness rate and average lost
work rate for the most recent three-year period does not exceed
the applicable statistical standards for its business category or if
the bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.
(e) (1) Any design-build entity that is selected to design and
build a project pursuant to this section shall possess or obtain
sufficient bonding to cover the contract amount for nondesign
services, and errors and omission insurance coverage sufficient to
cover all design and architectural services provided in the contract.
This section does not prohibit a general or engineering contractor
from being designated the lead entity on a design-build entity for
the purposes of purchasing necessary bonding to cover the activities
of the design-build entity.
(2) Any payment or performance bond written for the purposes
of this section shall be written using a bond form developed by
the county.
(f) All subcontractors that were not listed by the design-build
entity in accordance with clause (i) of subparagraph (A) of
paragraph (3) of subdivision (d) shall be awarded by the
design-build entity in accordance with the design-build process
set forth by the county in the design-build package. All
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subcontractors bidding on contracts pursuant to this section shall
be afforded the protections contained in Chapter 4 (commencing
with Section 4100) of Part 1. The design-build entity shall do both
of the following:
(1) Provide public notice of the availability of work to be
subcontracted in accordance with the publication requirements
applicable to the competitive bidding process of the county.
(2) Provide a fixed date and time on which the subcontracted
work will be awarded in accordance with the procedure established
pursuant to this section.
(g) Lists of subcontractors, bidders, and bid awards relating to
the project shall be submitted by the design-build entity to the
awarding body within 14 days of the award. These documents are
deemed to be public records and shall be available for public
inspection pursuant to this chapter and Article 1 (commencing
with Section 6250) of Chapter 3.5 of Division 7 of the Government
Code.
(h) The minimum performance criteria and design standards
established pursuant to paragraph (1) of subdivision (d) shall be
adhered to by the design-build entity. Any deviations from those
standards may only be allowed by written consent of the county.
(i) The county may retain the services of a design professional
or construction project manager, or both, throughout the course of
the project in order to ensure compliance with this section.
(j) Contracts awarded pursuant to this section shall be valid until
the project is completed.
(k) Nothing in this section is intended to affect, expand, alter,
or limit any rights or remedies otherwise available at law.
(l) (1) If the county elects to award a project pursuant to this
section, retention proceeds withheld by the county from the
design-build entity shall not exceed 5 percent if a performance and
payment bond, issued by an admitted surety insurer, is required in
the solicitation of bids.
(2) In a contract between the design-build entity and the
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld may not exceed the percentage specified in the contract
between the county and the design-build entity. If the design-build
entity provides written notice to any subcontractor who is not a
member of the design-build entity, prior to or at the time the bid
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is requested, that a bond may be required and the subcontractor
subsequently is unable or refuses to furnish a bond to the
design-build entity, then the design-build entity may withhold
retention proceeds in excess of the percentage specified in the
contract between the county and the design-build entity from any
payment made by the design-build entity to the subcontractor.
(m) Each county that elects to proceed under this section and
uses the design-build method on a public works project shall submit
to the Legislative Analyst’s Office before September 1, 2013, a
report containing a description of each public works project
procured through the design-build process and completed after
November 1, 2009, and before August 1, 2013. The report shall
include, but shall not be limited to, all of the following information:
(1) The type of project.
(2) The gross square footage of the project.
(3) The design-build entity that was awarded the project.
(4) The estimated and actual length of time to complete the
project.
(5) The estimated and actual project costs.
(6) Whether the project was met or altered.
(7) The number and amount of project change orders.
(8) A description of any written protests concerning any aspect
of the solicitation, bid, proposal, or award of the design-build
project, including the resolution of the protests.
(9) An assessment of the prequalification process and criteria.
(10) An assessment of the effect of retaining 5 percent retention
on the project.
(11) A description of the Labor Force Compliance Program and
an assessment of the project impact, where required.
(12) A description of the method used to award the contract. If
best value was the method, the report shall describe the factors
used to evaluate the bid, including the weighting of each factor
and an assessment of the effectiveness of the methodology.
(13) An assessment of the project impact of “skilled labor force
availability.”
(14) An assessment of the design-build dollar limits on county
projects. This assessment shall include projects where the county
wanted to use design-build and was precluded by the dollar
limitations. This assessment shall also include projects where the
best value method was not used due to dollar limitations.
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(14)
(15) An assessment of the most appropriate uses for the
design-build approach.
(n) Any county that elects not to use the authority granted by
this section may submit a report to the Legislative Analyst’s Office
explaining why the county elected not to use the design-build
method.
(o) On or before January 1, 2014, the Legislative Analyst shall
report to the Legislature on the use of the design-build method by
counties pursuant to this section, including the information listed
in subdivision (m) and (p). The report may include
recommendations for modifying or extending this section.
(p) The Legislative Analyst shall complete a fact-based analysis
of the use of the design-build method by counties pursuant to this
section, utilizing the information provided pursuant to subdivision
(m) and any independent information provided by the public or
interested parties. The Legislative Analyst shall select a
representative sample of projects under this section and review
available public records and reports, media reports, and related
information in its analysis. The Legislative Analyst shall compile
the information required to be analyzed pursuant to this subdivision
into a report, which shall be provided to the Legislature. The report
shall include conclusions describing the actual cost of projects
procured pursuant to this section, whether the project schedule
was met or altered, and whether projects needed or used project
change orders.
(q) Except as provided in this section, this act shall not be
construed to affect the application of any other law.
(r) This section shall remain in effect only until July 1, 2016
2014, and as of that date is repealed, unless a later enacted statute,
that is enacted before July 1, 2016 2014, deletes or extends that
date.
SEC. 2.No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
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the meaning of Section 6 of Article XIII B of the California
Constitution.
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AMENDED IN ASSEMBLY MARCH 26, 2012
AMENDED IN ASSEMBLY MARCH 13, 2012
california legislature—2011–12 regular session
ASSEMBLY BILL No. 1592
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Introduced by Assembly Member Olsen
(Coauthor: Coauthors: Assembly Member Members Cook, Donnelly,
Fletcher, Hagman, Halderman, Harkey, Huffman, Jeffries, Miller,
Portantino, Silva, and Wieckowski)
(Coauthors: Senators Cannella, Dutton, Fuller, Harman, La Malfa,
Runner, and Strickland)
February 6, 2012
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An act to add Article 1.5 (commencing with Section 935) to Chapter
5 of Division 4 of the Military and Veterans Code, relating to veterans.
legislative counsel’s digest
AB 1592, as amended, Olsen.Veterans: benefits: fee waiver.
Existing law provides certain protections and benefits for veterans.
This bill would authorize the governing board of a county or city to
grant financial assistance, relief, and support to disabled veterans, as
defined, by waiving service-related fees charged by the county or city,
as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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The people of the State of California do enact as follows:
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SECTION 1.Article 1.5 (commencing with Section 935) is
added to Chapter 5 of Division 4 of the Military and Veterans
Code, to read:
Article 1.5. Disabled Veterans
935.(a) The governing board of any city or county may grant
financial assistance, relief, and support to disabled veterans by
reducing or waiving building inspection or permit fees charged by
the county or city city or county for the modification of a dwelling
owned by a disabled veteran for the purpose of making the dwelling
more accessible.
(b) The governing body shall use its general fund or other
appropriate revenue source to compensate for the difference
between a fee reduced or waived pursuant to this section and the
fee that would otherwise be charged.
(c) For purposes of this section, “disabled veterans” has the
same meaning as defined in Section 999.
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AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
california legislature—2011–12 regular session
ASSEMBLY BILL No. 1827
1 Introduced by Assembly Member Bonilla
February 22, 2012
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An act to amend Section 53395.4 Sections 53395.1 and 53395.3 of
the Government Code, relating to infrastructure financing districts.
legislative counsel’s digest
AB 1827, as amended, Bonilla.Notaries. Infrastructure financing
districts.
Existing law authorizes a city, county, or city and county to establish
infrastructure financing districts, as defined, for the sole purpose of
financing public facilities utilizing incremental property tax revenues,
subject to adoption of a resolution by the legislative body and affected
taxing entities proposed to be subject to division of taxes and 2⁄3 voter
approval. Existing law authorizes the legislative body to, by majority
vote, initiate proceedings to issue bonds for the financing of district
projects by adopting a resolution, subject to specified procedures and
2⁄3 voter approval. A district may not include a redevelopment project
area and a redevelopment project area may not include any portion of
a district.
This bill would authorize a district, notwithstanding the exclusion of
a redevelopment project area, to include any portion of a redevelopment
project area if that project area is located on a former military base
military base reuse authority to form an infrastructure financing district
for purposes of financing public facilities and issuing bonds. The bill
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would further authorize infrastructure financing districts to finance
homeless accommodations, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes no.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.Section 53395.1 of the Government Code is
amended to read:
53395.1.Unless the context otherwise requires, the definitions
contained in this article shall govern the construction of this
chapter.
(a) “Affected taxing entity” means any governmental taxing
agency which levied or had levied on its behalf a property tax on
all or a portion of the property located in the proposed district in
the fiscal year prior to the designation of the district, but not
including any county office of education, school district, or
community college district.
(b) “City” means a city, a county, or a city and county, or a
military base reuse authority formed pursuant to Section 67660
or 67820.
(c) “Debt” means any binding obligation to repay a sum of
money, including obligations in the form of bonds, certificates of
participation, long-term leases, loans from government agencies,
or loans from banks, other financial institutions, private businesses,
or individuals.
(d) “Designated official” means the city engineer or other
appropriate official designated pursuant to Section 53395.13.
(e) (1) “District” means an infrastructure financing district.
(2) An infrastructure financing district is a “district” within the
meaning of Section 1 of Article XIII A of the California
Constitution.
(f) “Infrastructure financing district” means a legally constituted
governmental entity established pursuant to this chapter for the
sole purpose of financing public facilities.
(g) “Landowner” or “owner of land” means any person shown
as the owner of land on the last equalized assessment roll or
otherwise known to be the owner of the land by the legislative
body. The legislative body has no obligation to obtain other
information as to the ownership of land, and its determination of
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ownership shall be final and conclusive for the purposes of this
chapter. A public agency is not a landowner or owner of land for
purposes of this chapter, unless the public agency owns all of the
land to be included within the proposed district.
(h) “Legislative body” means the city council or board of
supervisors, or a military base reuse authority formed pursuant
to Section 67660 or 67820.
SEC. 2.Section 53395.3 of the Government Code is amended
to read:
53395.3.(a) A district may finance (1) the purchase,
construction, expansion, improvement, seismic retrofit, or
rehabilitation of any real or other tangible property with an
estimated useful life of 15 years or longer which satisfies the
requirements of subdivision (b), (2) may finance planning and
design work which is directly related to the purchase, construction,
expansion, or rehabilitation of that property and (3) the costs
described in Sections 53395.5, and 53396.5. A district may only
finance the purchase of facilities for which construction has been
completed, as determined by the legislative body. The facilities
need not be physically located within the boundaries of the district.
A district may not finance routine maintenance, repair work, or
the costs of ongoing operation or providing services of any kind.
(b) The district shall finance only public capital facilities of
communitywide significance, which provide significant benefits
to an area larger than the area of the district, including, but not
limited to, all of the following:
(1) Highways, interchanges, ramps and bridges, arterial streets,
parking facilities, and transit facilities.
(2) Sewage treatment and water reclamation plants and
interceptor pipes.
(3) Facilities for the collection and treatment of water for urban
uses.
(4) Flood control levees and dams, retention basins, and drainage
channels.
(5) Child care facilities.
(6) Libraries.
(7) Parks, recreational facilities, and open space.
(8) Facilities for the transfer and disposal of solid waste,
including transfer stations and vehicles.
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(9) Homeless accommodations pursuant to Section 2905(b) of
the federal Defense Base Closure and Realignment Act of 1990
(10 U.S.C. Sec. 2687 et seq.), as amended.
(c) Any district which constructs dwelling units shall set aside
not less than 20 percent of those units to increase and improve the
community’s supply of low- and moderate-income housing
available at an affordable housing cost, as defined by Section
50052.5 of the Health and Safety Code, to persons and families of
low- and moderate-income, as defined in Section 50093 of the
Health and Safety Code.
SECTION 1.Section 53395.4 of the Government Code is
amended to read:
53395.4.(a) (1) A district may not include any portion of a
redevelopment project area which is or has been previously created
pursuant to Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code, whether the creation is or was
proper or improper. A redevelopment project area may not include
any portion of a district created pursuant to this chapter.
(2) Notwithstanding paragraph (1), a district may include any
portion of a redevelopment project area if that project area is
located on a former military base.
(b) A district may finance only the facilities or services
authorized in this chapter to the extent that the facilities or services
are in addition to those provided in the territory of the district
before the district was created. The additional facilities or services
may not supplant facilities or services already available within that
territory when the district was created but may supplement those
facilities and services as needed to serve new developments.
(c) A district may include areas which are not contiguous.
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