State Government.
Summary
(1) Existing law establishes in state government the Department of Finance under the control of the Director of Finance who is appointed by the Governor. The law places within the department, among other things, the Population Research Unit, which acts as primary state government liaison with the United States Census Bureau in the acquisition and distribution of census data and related documentation to state agencies. The California Public Records Act requires a public agency to make public records available for inspection, subject to certain exceptions. Existing law specifies that public records include any writing containing information relating to the conduct of the public's business. This bill would rename the Population Research Unit as the Demographic Research Unit. The bill would make various conforming changes in this regard. The bill would exempt data collected, received, or prepared by the Demographic Research Unit that contains personal information, as defined, from disclosure under the California Public Records Act. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (2) The Electronic and Appliance Repair Dealer Registration Law provides for the registration and regulation of service dealers, as defined, and, until January 1, 2023, service contracts and service contractors, as defined. That law requires each service dealer and each service contractor, including those who do not operate a place of business in this state, but who engage in certain activities in this state, to register with the Bureau of Household Goods and Services and requires a service dealer to pay specified registration fees, including an initial registration fee and annual renewal fee. This bill would, until January 1, 2023, revise and recast the registration fee provisions to, among other things, also require a service contractor to pay certain registration fees, including an initial registration fee and annual renewal fee. The bill, until January 1, 2023, would specify the initial registration fee and annual renewal fee for a service dealer or service contractor who does not operate a place of business in this state. (3) The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law establishes the Responsible Beverage Service (RBS) Training Program Act of 2017, and requires the department, on or before January 1, 2020, to develop, implement, and administer a curriculum for an RBS training program that will make RBS training courses that include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body, available to all persons required to obtain an alcohol server certification, as provided. The act, beginning July 1, 2021, requires an alcohol server, as defined, to successfully complete an RBS training course offered or authorized by the department and to obtain a certification of successful completion of that course, as demonstrated by the successful completion of an exam. Existing law authorizes the department to charge a fee, not to exceed $15, for any RBS training course provided by the department and requires the fee to be deposited in the Alcohol Beverage Control Fund. This bill would generally authorize the department to charge fees as necessary to cover its reasonable costs for administering the RBS training program and would specifically authorize the department to charge a fee, not to exceed $5 per person, for administering the exam required for an alcohol server certification. The Alcoholic Beverage Control Act requires the Department of Alcoholic Beverage Control to collect a surcharge of 3% of the annual license fees for the Alcoholic Beverage Control Appeals Board's administrative costs and rounds up the surcharge to the nearest whole dollar. This bill would round the surcharge up to the nearest $5. The act provides for the issuance of licenses for which various fees, including annual fees, are charged depending upon the type of license issued. That law authorizes an adjustment of the renewal fees, as provided. This bill would revise various fees, including application fees and annual fees. The bill would authorize an annual adjustment of specified fees, as provided, commencing with the 2021 calendar year. (4) The California Constitution requires the ballot pamphlets printed by the Secretary of State to include the complete text of proposed measures that create debts or liabilities of the state. Existing law requires the Secretary of State's internet website to contain the complete text of the proposed measure, and requires the state voter information guide to include before each measure a conspicuous notice that identifies the location on the secretary's internet website of the complete text of the state measure and a notice that identifies the location on the website of the specific constitutional or statutory provision that the measure would repeal or revise. This bill would require that the text of a measure relating to debts and liabilities of the state, including a bond measure, be printed in the state voter information guide consistent with the constitutional provisions described above. (5) Existing law requires the Secretary of State to use funds appropriated to the Secretary of State in the Budget Act of 2018 for voting system replacement for counties to award reimbursement contracts to counties that match funds spent by the counties on specified voting system replacement activities, such as the purchase or lease of vote by mail ballot sorting and processing equipment. Existing law requires counties to provide matching funds that are at least equivalent to the state funds received. This bill would require the Secretary of State to use funds appropriated to the Secretary of State in the Budget Act of 2019 for these same purposes. The bill would instead require a county to provide matching funds that are at least equivalent to one-quarter of the state funds received in order receive reimbursement, and would exempt counties that operated fewer than 50 precincts in the November 8, 2016, statewide general election from the requirement to provide matching funds. The bill would add the purchase or lease of an election management system, as defined, to the list of reimbursable voting system replacement activities. (6) Existing law creates the County of San Diego Independent Redistricting Commission and specifies qualifications and procedures for selecting members of the commission. Existing law imposes specified duties related to those member selection processes on the San Diego County Registrar of Voters and the Clerk of the County of San Diego. This bill would instead require the Clerk of the Board of Supervisors of the County of San Diego to carry out those duties. The bill would make conforming changes. (7) The Financial Information System for California Act establishes the FISCal system, a single integrated financial management system for the state. The act establishes the Department of FISCal and the FISCal project office to exist concurrently during the phased implementation of the system and requires the department, upon full implementation and final acceptance of the system, to supersede the office and perform all administration, maintenance, and operation of the system. Existing law requires the office to submit an annual report to the Legislature, on or before February 15 of each year, until the completion of the system, that contains specified information regarding the status of the project. This bill would, instead, require the department to submit the annual report described above and would require the department to submit the report on October 31 of each year beginning in 2020. The bill would also require the report to include specified additional information regarding the project, including information related to the scope of services provided by the system integrator contractor hired by the department to complete project deliverables. The California Prompt Payment Act requires a state agency that acquires property or services pursuant to a contract with a business, including any approved change order or contract amendment, to make payment to the person or business on the date required by contract and within 45 days of receipt of an undisputed invoice or be subject to a late payment penalty, as provided. The act applies to all state agencies. This bill would make the Department of FISCal responsible for applicable penalties if the Financial Information System for California delays the delivery of a correct claim from the state agency to the Controller, resulting in the Controller being unable to comply with the terms of the act. (8) Existing law establishes the Golden State Financial Marketplace Program or GS $Mart Program (program) , which is the state's centralized financing program available for state agencies to finance certain goods and services. The program makes state agencies, as defined, eligible to apply to the program in order to enter into agreements for financing those specified assets, including, but not limited to, services, without further competitive bidding. Existing law authorizes the Department of General Services, to structure, administer, and maintain the program. Existing law requires the department to develop a financing process for the program that requires, among other things, submission of an opinion of counsel from an independent law firm of recognized standing in the field of law relating to the exemption from federal income taxation on state or local bonds confirming that the assets subject to the financing qualify for tax-exempt financing consistent with the Internal Revenue Code and prior approval by the Department of Finance of the terms and conditions of the financing by the Treasurer for each financing over $10,000,000. This bill would revise the authorization described above to instead authorize the Department of General Services to administer and maintain the GS $Mart Program and would remove the application of the program to agreements for services generally. The bill would, among other things, revise the financing process to require an opinion of counsel from a law firm, under specified circumstances, confirming that the assets subject to the financing qualify for tax-exempt financing; require the use of standard financing terms and conditions, form certificates, and other form agreements, subject to approval by the Department of Finance and the Treasurer's office before use; and require notice to the Department of Finance and the Treasurer's Office of each financing before seeking a request for a rate quote for that financing. The bill would authorize specified local agencies and school districts to use the preapproved lenders participating in the GS $Mart Program, subject to specified requirements, including that further competitive bidding is not required and that the local agency or school district is responsible for compliance with laws related to tax-exempt financing. (9) Existing law abolishes the Capital Outlay and Savings Fund in the State Treasury and transferred the funds in the Capital Outlay and Savings Fund to the General Fund. Existing law authorizes the Director of Finance, with the approval of the State Public Works Board, to transfer the unexpended balance in the Capital Outlay and Savings Fund, or any later appropriation from the General Fund made for capital outlay purposes, that is no longer required for expenditure pursuant to that appropriation, and continuously appropriates from the General Fund, those amounts transferred, to be used for specified purposes. This bill would repeal these provisions authorizing the Director of Finance to transfer the unexpended balance in the Capital Outlay and Savings Fund, or any later appropriation from the General Fund made for capital outlay purposes, as described above. Existing law authorizes the Director of Finance, with the approval of the State Public Works Board, to transfer the unexpended balance in any appropriation for capital outlay that was payable from a special fund to the unappropriated surplus of the special fund from which the appropriation was originally made if that balance is no longer required for expenditure pursuant to the original appropriation. This bill would instead authorize the Director of Finance, with the approval of the State Public Works Board, to transfer the unexpended balance in any appropriation for capital outlay that was payable from any fund to the unappropriated surplus of that fund from which the appropriation was originally made if that balance is no longer required for expenditure pursuant to the original appropriation. (10) Existing law, known as the State Capitol Building Annex Act of 2016 (the act) , authorizes the Joint Rules Committee to pursue the construction of a state capitol building annex or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex, and any other ancillary improvements, as provided. Existing law establishes the State Project Infrastructure Fund and continuously appropriates the moneys in that fund for, among other things, transfer to the Operating Funds of the Assembly and Senate, in an amount determined as provided, to be used for the projects authorized by the act. This bill would authorize the investment or deposit of moneys transferred from the State Project Infrastructure Fund to the Operating Funds of the Assembly and Senate for purposes of the projects authorized by the State Capitol Building Annex Act of 2016 in accordance with specified law. The bill would require that the interest earned on, or other increment derived from, the moneys invested or deposited pursuant to these provisions be credited to the Operating Funds of the Assembly and Senate and continuously appropriate those moneys to the Joint Rules Committee for the sole purpose of the projects authorized by the act, subject to specified limitations. Existing law, known as the State Office Building Act of 2018, authorizes the Department of General Services to pursue the design and construction of a state office building to provide for the housing and administrative requirements of the Legislature and the executive branch during the construction of a state capitol building annex, or the restoration, rehabilitation, renovation, or reconstruction of the existing State Capitol Building Annex, pursuant to the State Capitol Building Annex Act of 2016, and to later provide for additional state-owned facilities in close proximity to the State Capitol. Under existing law, work performed under the State Capitol Building Annex Act of 2016 and the State Office Building Act of 2018 is exempt from various specified laws, including the State Contract Act. The Essential Services Buildings Seismic Safety Act of 1986 requires the appropriate enforcement agency, which in the case of state-owned facilities is the Division of the State Architect, to review the design and inspect the construction of essential services buildings or the reconstruction, alteration, or addition to any essential services building, as provided. The act defines "essential services building" for these purposes as any building used, including any building a portion of which is used, as a fire station, police station, emergency operations center, California Highway Patrol office, sheriff's office, or emergency communication dispatch center. This bill would provide that the inclusion of office space for or an emergency dispatch center of the Department of the California Highway Patrol in the newly constructed State Capitol Building Annex, the restored, rehabilitated, renovated, or reconstructed State Capitol Building Annex, or the state office building constructed pursuant to the State Capitol Building Annex Act of 2016 or the State Office Building Act of 2018, as applicable, does not subject any part of those projects to the Essential Buildings Seismic Safety Act of 1986, any other law that would not otherwise apply to those projects but for the inclusion of the office space or emergency dispatch center, and any rule, regulation, standard, or requirement promulgated or enforced by the Division of the State Architect or the Office of the State Fire Marshal pursuant to those laws. The bill would make conforming changes to the Essential Services Buildings Seismic Safety Act of 1986. (11) Existing law creates the Office of Technology Services in the Government Operations Agency as a general purpose technology services provider to serve the common technology needs of executive branch entities, as specified. This bill would establish the Office of Digital Innovation on July 1, 2019, within the Government Operations Agency, to be headed by the Director of the Office of Digital Innovation, who would be appointed by, and serve at the pleasure of, the Governor. The bill would authorize the Governor to appoint up to 20 people to the office who would be exempt from civil service. The director would be responsible for managing the office and would be required to perform all duties, exercise all powers, and assume and discharge all necessary responsibilities to this end. The mission of the office would be to deliver better government services to the people of California through technology and design, as specified. The bill would require the director to establish a program to improve the state's service delivery functions, guided by best practices for service delivery, and to engage with state entities for this purpose. The director would be authorized to create, update, and publish, in consultation with the appropriate agency, policies, standards, and procedures for state entities in the State Administrative Manual or Statewide Information Management Manual, as specified. The bill would authorize the director to train supervisors and staff in leadership positions regarding best practices for service delivery and to require staff to attend as the director deems necessary. The bill would generally grant staff of the office, when engaged with a state entity and in the performance of their duties, access to the information and systems of the entity related to service delivery. The bill would proscribe requirements for the confidentiality of the accessed information. The bill would exempt the adoption, amendment, and repeal of policies, procedures, and guidelines of the office from the Administrative Procedure Act. The bill would create the Digital Innovation Services Revolving Fund, effective July 1, 2020, within the State Treasury, to be administered by the Director of the Office of Digital Innovation. The fund would receive all revenues from the sale of services rendered by the office and all other moneys properly credited to the office from any other source. Until July 1, 2024, moneys in the fund would be continuously appropriated to the office without regard to fiscal year to pay for rendering of services and the costs of the office. By creating a continuously appropriated fund the bill would make an appropriation. On and after July 1, 2024, moneys in the fund would be available upon appropriation of the Legislature. The bill would authorize the office to collect payments from state entities for providing services and would prescribe certain duties and authorizations in this regard. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (12) Existing law, the State Building Construction Act of 1955, requires all new construction of public buildings owned by a state agency and all renovations of bathrooms of public buildings for which a permit has been obtained in which the estimated cost of the new construction or renovation is $10,000 or more to provide at least one baby diaper changing station that complies with specified requirements. Existing law exempts a renovation from those provisions if a local building permitting entity or building inspector determines that the installation is not feasible or would result in failure to comply with applicable building standards, and would authorize the permitting entity or building inspector to grant an exemption under those circumstances. This bill would delete the condition that makes the requirement to install a baby diaper changing station applicable only to renovations for which a permit has been obtained, would require the State Public Works Board, rather than a local building permitting entity or building inspector, to make the determination that the installation is not feasible, and would authorize the board, rather than the permitting entity or building inspector, to grant an exemption. (13) Existing law provides that the Director of General Services may acquire and dispose of surplus state real property where that property is not needed by another state agency and the Legislature has authorized disposal of the property. Existing law also specifies the manner in which the department is to dispose of surplus state real property. Existing law requires that certain surplus state property located at the Sonoma Developmental Center be leased only for an agricultural or open-space purpose consistent with certain requirements. Existing law prohibits the Director of General Services from selling or transferring that specified property unless the transaction would result in a transfer of the property to an entity that would hold the property in perpetuity as open space or that would result in the property becoming part of the Jack London State Historic Park. This bill would authorize the department to enter into an agreement with the County of Sonoma for the county to develop a specific plan for the property and to manage the land use planning process integrated with a disposition process for the property to include, among other things, the sale, lease, exchange, or other transfer of all or part of the property or property interest the director deems to be in the best interests of the state, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for County of Sonoma. (14) Existing law authorizes the Department of General Services to enter into a lease and other related agreements with the Capitol Area Development Authority (CADA) for CADA to develop a parking structure located on the R Street property, as defined, and the 8th and 9th Street property, as defined, in accordance with specified requirements. Existing law requires CADA to demolish any improvements currently located on the R Street property. This bill would also require CADA to remove any improvements currently located on the R Street property and the 8th and 9th Street property, and would authorize the department to also enter into leases and agreements with CADA for the construction of the parking structure. Existing law requires that the total cost for the R Street parking structure project does not exceed $30,000,000. This bill would instead require that the total cost for the R Street parking structure project does not exceed $40,700,000, subject to certain requirements. Existing law requires the revenue generated from the R Street parking structure to be deposited into the Motor Vehicle Parking Facilities Money Account and makes the money available, upon appropriation by the Legislature, to be used to make lease payments to CADA until any financing arrangement entered into pursuant to specified provisions is repaid in full. This bill would instead make those funds available to be used to make lease payments to CADA until the department's lease payment obligations under the lease are repaid in full. (15) Existing law requires a state agency to furnish an employee, at the time salary or wages are paid, with an itemized statement showing all deductions made from the salary or wages. Existing law authorizes this statement to be provided electronically, contingent upon the funding and implementation of the Controller's "21st Century Project," and provided that the project provides for this. The authorizations associated with this project have generally been repealed. This bill would repeal the obsolete reference to the 21st Century Project described above and instead make the provision of an electronic statement of itemized deductions contingent on the funding of the necessary technology to provide this information and its implementation by the Controller. (16) Existing law establishes the Safety Net Reserve Fund in the State Treasury, and creates within the Safety Net Reserve Fund a Medi-Cal Subaccount and a CalWORKs Subaccount. Existing law requires that fund and those subaccounts to be utilized, upon appropriation, for the purpose of maintaining existing program benefits and services for the Medi-Cal and CalWORKs programs during economic downturns, as specified. Existing law imposes upon the Department of Finance specified duties related to these subaccounts. This bill would abolish the Medi-Cal Subaccount and the CalWORKs Subaccount, transfer the balances remaining in those subaccounts to the Safety Net Reserve Fund, and eliminate the related duties imposed upon the Department of Finance. The bill would require, for the 2018–19 fiscal year, upon order of the Director of Finance, the Controller to transfer $700,000,000 from the General Fund to the Safety Net Reserve Fund. The bill would also make conforming changes. (17) Existing law provides for the establishment and operation of veterans' homes at various sites, and provides for an administrator of each home. Existing law establishes the duties of the Department of Veterans Affairs with regard to the establishment and regulation of veterans' homes. Existing law generally requires the administrator of each home to forward to the State Treasurer, all moneys in the administrator's possession. Existing law requires specified funds, including, among other things, moneys received in connected with the lease of real property by the department for a home, to be placed to the credit of the home. Existing law, when the Director of General Services leases any real property held by the department for a home, requires the director to give primary consideration to the use of real property for agricultural purposes. This bill would repeal the requirement that these funds be placed to the credit of the home. The bill would remove the requirement that the director give primary consideration to the use of real property for agricultural purposes. The bill would also repeal obsolete provisions and fix an obsolete reference. (18) The California Constitution authorizes the Legislature to permit private, nonprofit organizations to conduct raffles as a funding mechanism to support beneficial and charitable works, if, among other conditions, at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a 2/3 vote of each house of the Legislature. Existing statutory law implements those provisions and requires the Department of Justice to administer and enforce those provisions. Existing statutory law, until January 1, 2024, authorizes a major league sports raffle at a home game conducted by an eligible organization, for the purpose of directly supporting specified beneficial or charitable purposes in California, or financially supporting another private, nonprofit, eligible organization that performs those purposes if, among other requirements, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. Existing law prohibits an eligible organization from conducting a raffle unless it registers annually with the Department of Justice. Existing law authorizes the department, to the extent the Legislature appropriates funds for this purpose, to audit the records and other documents of a registrant to ensure compliance with the raffle requirements. Existing law authorizes the department to be reimbursed by the registrant for all actual, reasonable, and direct costs incurred in auditing, reviewing, and evaluating the raffle reports being audited. This bill would eliminate the authority of the department to be reimbursed by the registrant. (19) The California Constitution creates the Public Utilities Commission and prescribes its membership, which is appointed by the Governor and confirmed by the Senate. The Public Utilities Act requires the commissioners to be civil executive officers and that their salaries be fixed and paid in the same manner as those of other state officers. Existing law prescribes the salaries of the officers of agencies, departments, boards, and commissions. Existing law authorizes the Department of Human Resources to adjust, as needed, the salaries of specified state officers pursuant to certain requirements. This bill, on and after July 1, 2019, would require the Department of Human Resources to set and adjust, as needed, the annual compensation of the president of the Public Utilities Commission based on specified factors. The bill would prohibit compensation for the president of the Public Utilities Commission from exceeding 125% of the compensation recommended to be paid to the Governor by the California Citizens Compensation Commission. The bill would require the department to notify the Legislature of the compensation level implemented within 30 days of its effective date. (20) Existing law grants the Public Utilities Commission regulatory authority over public utilities, including electrical corporations, gas corporations, heat corporations, telegraph corporations, telephone corporations, and water corporations. Existing law requires the commission to require a public utility to establish and maintain a balancing account reflecting the balance between related costs and revenues whenever the commission authorizes any change in rates reflecting and passing through to the public utility's customers specific changes in costs, except as specified. Existing law requires the commission to develop a risk-based approach for reviewing all balancing accounts periodically and to adopt balancing account review procedures, as specified. This bill would instead require the commission to develop a risk-based approach for reviewing or auditing all balancing accounts periodically and to adopt balancing account review or audit procedures, and would make related conforming changes. (21) Existing law establishes, until January 1, 2020, the California Initiative to Advance Precision Medicine within the Office of Planning and Research in the Governor's office for the purpose of developing, implementing, awarding funding to, and evaluating demonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. Existing law requires the office to annually report to the Legislature about the initiative and authorizes the office to receive nonstate funds in furtherance of the initiative. Existing law requires the office to return unexpended nonstate funds to the source before January 1, 2020. This bill would extend the repeal date of the California Initiative to Advance Precision Medicine to January 1, 2026, and extend the requirements and authorizations relating to the initiative. (22) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2019
Committee Review
May 2019
Senate Passage
Apr 2019
Assembly Passage
Jun 2019
Signed into Law
Jun 2019
Introduced Jan 10, 2019
Signed Jun 27, 2019
Floor votes · Senate Apr 11, 2019 · Assembly Jun 17, 2019
How they voted
26–7
Passed · 2 other
Total votes 35
Apr 11, 2019
D
Democratic27
96% Yea
R
Republican8
87% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
19
Key actions
4
Committee
2
Amendments
2
Jun 27, 2019
Signed into law
Approved by the Governor.
legislature
Jun 17, 2019
Upper · Passed
Assembly amendments concurred in. (Ayes 31. Noes 8. Page 1597.) Ordered to engrossing and enrolling.
upper
Jun 17, 2019
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jun 17, 2019
Lower · Passed
Read third time. Passed. (Ayes 59. Noes 14. Page 2301.) Ordered to the Senate.
lower
May 2, 2019
Committee
Referred to Com. on BUDGET.
lower
Apr 11, 2019
Upper · Passed
Read third time. Passed. (Ayes 27. Noes 9. Page 665.) Ordered to the Assembly.
upper
Jan 24, 2019
Committee
Referred to Com. on B. & F.R.
upper
Jan 10, 2019
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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