AB 112 — State government.

Summary

(1) 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. The act provides for the issuance of licenses for which various fees, including annual fees, are charged depending upon the type of license issued. This bill would make a correction in the provisions that specify annual licensing fees. (2) Existing law creates the Office of Digital Innovation, which is headed by its director, with the mission of delivering better government services to the people of California through technology and design, as specified. Existing law creates the Digital Innovation Services Revolving Fund, which receives all revenues from the sale of services by the office and all other moneys properly credited to the office, for the support of the office's activities. Existing law requires the office to dispose of all records, data, and other documentation in accordance with applicable state law upon completion of each engagement. Existing law requires the director, beginning on or before February 1, 2021, to submit an annual report to the Chairperson of the Joint Legislative Budget Committee or that person's designee that includes a listing and descriptions of all expenditures made from the fund as well as all revenues received by the fund. This bill would delete the requirement that the Office of Digital Innovation dispose of all records, data, and other documentation upon completion of an engagement. The bill would require that the above-described report also include a summary of the activities of the office. The bill also would make technical, nonsubstantive changes to these provisions. (3) Existing provisions of the California Constitution, approved by the electors on November, 4, 2014, establish the Budget Stabilization Account in the General Fund and require the Controller, on or before October 1 of the 2015–16 fiscal year and each fiscal year thereafter, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These existing provisions prohibit for each fiscal year transfers to the account that would cause the balance in the account to exceed 10% of the amount of General Fund proceeds of taxes for the fiscal year, as estimated by the Department of Finance. These existing provisions authorize, for any fiscal year, General Fund proceeds of taxes that, but for the above prohibition, would have been transferred to the account, to be expended only for infrastructure, as prescribed. Existing law establishes the Budget Deficit Savings Account in the State Treasury and requires deposits to the Budget Stabilization Account for the 2018–19 fiscal year, above the amounts required by existing provisions of the California Constitution, as defined and appropriated in the 2018 Budget Act, to be transferred from the General Fund to the Budget Deficit Savings Account. Existing law requires the Controller to transfer certain moneys from the Budget Deficit Savings Account to the Budget Stabilization Account, based on an updated projection as calculated by the department, upon order of that department no earlier than May 31, 2019. Existing law requires the Controller, upon order of the department, to transfer 50% of the remaining amounts deposited in the Budget Deficit Savings Account that are not transferred to the Budget Stabilization Account to the Safety Net Reserve Fund in the State Treasury. This bill would specify that the purpose of the Budget Deficit Savings Account is to serve as a supplementary savings account to mitigate the effects of actual or future projected budget deficits in the General Fund or other state funds. The bill would also authorize the Legislature, in any fiscal year, to transfer funds into the Budget Deficit Savings Account or authorize the transfer of some or all of the balance of the Budget Deficit Savings Account to the General Fund or any other state fund. (4) Under existing law and bargaining agreements, the state reimburses employees for all necessary and actual expenses incurred during travel on official state business. Existing law requires state agencies to implement and use the California Automated Travel Expense Reimbursement System (CalATERS) established by the Controller to process travel claims, unless an exemption request is approved. Existing law requires payment for the services of the Controller in implementing these provisions to be made by direct transfer, subject to specified limitations. This bill would repeal the provisions requiring payment for the services of the Controller to state agencies in implementing CalATERS to be made by direct transfer. (5) The Public Employees' Retirement Law creates the Public Employees' Retirement System (PERS) for the purpose of providing pension benefits to state employees and employees of contracting agencies and prescribes the rights and duties of members of the system and their beneficiaries. PERS provides a defined benefit to members of the system, based on final compensation, credited service, and age at retirement, subject to certain variations. Existing law prescribes the officers and employees of the Assembly and the Senate, including a sergeant at arms for each house. Existing law classifies the sergeants at arms of the houses as peace officers for purposes of making arrests and enforcing the law. Existing law creates different membership categories in PERS for the purpose of prescribing benefits and contributions, including the classification of "state peace officer/firefighter member." Existing law generally includes the sergeants at arms of the Assembly and the Senate within the state peace officer/firefighter member classification, but excepts the Chief Sergeant-at-Arms of the Senate from this classification. Existing law creates the Public Employees' Retirement Fund as a trust fund to be expended only for purposes related to the system and its administration, as specified, and provides that the fund is continuously appropriated to these ends. This bill would delete the exception for the Chief Sergeant-at-Arms of the Senate, thereby including the Chief Sergeant-at-Arms of the Senate within the state peace officer/firefighter member classification. By increasing moneys deposited in a continuously appropriated fund, the bill would make an appropriation. (6) Existing law, the California Secure Choice Retirement Savings Trust Act, establishes the CalSavers Retirement Savings Program to be administered by the California Secure Choice Retirement Savings Investment Board. Existing law requires eligible employers to offer a payroll deposit retirement savings arrangement so that eligible employees may contribute a portion of their salary or wages to a retirement savings program account in the program, as specified. Existing law requires a specified percentage of the annual salary or wages of an eligible employee participating in the program to be deposited in the California Secure Choice Retirement Savings Trust, which is segregated into a program fund and an administrative fund, both of which are continuously appropriated to the board for purposes of the act. Existing law authorizes the board to establish a Gain and Loss Reserve Account within the program fund to allocate interest at the stated interest rate for program years in which the board determines that the stated interest rate cannot be met from investment earnings. This bill would eliminate the authorization for the board to establish a Gain and Loss Reserve Account within the program fund and would make additional conforming changes. (7) Existing law subjects certain property to forfeiture, including controlled substances and equipment used to process controlled substances. Existing law requires the Attorney General to publish a report on the number of forfeiture actions, the value of the assets forfeited, and the recipients of the forfeited assets. Existing law requires the Attorney General's report to cover the calendar year and to be made no later than March 1 of each year. This bill would instead require the report to be made no later than July 1 of each year. (8) Existing law imposes various requirements on public and private employers with regard to federal immigration agency worksite enforcement actions. Existing law, except as required by federal law, prohibits an employer from reverifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law. Existing law prescribes a penalty of up to $10,000 for a violation of this prohibition to be recoverable by the Labor Commissioner. This bill would require the above reverification prohibition to be interpreted and applied consistent with federal law and regulations, and would, among other things, specify that the prohibition does not prohibit an employer from taking any lawful action to review the employment authorization of an employee upon knowing that the employee is, or has become, unauthorized to be employed in the United States. (9) Existing law establishes the Office of the Inspector General that is responsible, among other things, for contemporaneous oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation. Existing law prohibits the Inspector General from hiring a person known to be directly or indirectly involved in an open internal affairs investigation. This bill would modify the prohibition on hiring to instead prohibit the Inspector General from hiring a person considered a suspect or subject in an investigation. The bill would authorize the Inspector General, among other things, to initiate an audit or review of the department's internal affairs investigations and disciplinary process. The bill would require the Inspector General to provide contemporaneous oversight of grievances that fall within the department's process for reviewing and investigating inmate allegations of staff misconduct and other specialty grievances, examining compliance with regulations, department policy, and best practices. The bill would subject the Inspector General to specified standards of conduct during a confidential interview of an employee of the department. The bill would require the Inspector General to issue specified reports on the oversight, audits, and reviews, as specified. The bill would appropriate $3,499,000 from the General Fund to the Office of the Inspector General to conduct independent audits of the Department of Corrections and Rehabilitation and to provide oversight of the Department of Corrections and Rehabilitation's process for reviewing and investigating inmate allegations of staff misconduct and other specialty grievances. (10) Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards. Under existing law, if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving, among other things, vehicle equipment, the arresting officer is required to permit the arrested person to execute a notice containing a promise to correct the violation and to deliver proof of correction to the issuing agency, unless a disqualifying condition exists. Under existing law, a violation of the noise requirements related to mufflers and exhaust systems is a disqualifying condition. This bill would delete a violation of the noise requirements related to mufflers and exhaust systems from the list of disqualifying conditions, thereby making a person who is arrested for one of these offenses eligible to execute the notice described above, except if the violation consists of modifying the exhaust system of a motorcycle in a manner that will cause it to exceed noise limits. The bill would update the noise level testing standards described above to reflect a more recent standard. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Amended 09/09/19 - Amended Senate Current pdf September 09, 2019
• Amended 09/06/19 - Amended Senate pdf September 06, 2019
• Introduced 12/03/18 - Introduced pdf December 03, 2018
• AB112 View text html

Action History

1. September 13, 2019

   Re-referred to Com. on B. & F.R.

2. September 11, 2019

   Read second time. Ordered to third reading.

3. September 10, 2019

   From committee: Do pass. (Ayes 13. Noes 4.) (September 10).

4. September 09, 2019

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

5. September 09, 2019

   Senate Rule 29.3(b) suspended. (Ayes 29. Noes 7. Page 2690.)

6. September 06, 2019

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

7. August 30, 2019

   In committee: Hearing postponed by committee.

8. August 26, 2019

   In committee: Hearing postponed by committee.

9. April 24, 2019

   Referred to Com. on B. & F.R.

10. April 11, 2019

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

11. April 11, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 13. Page 1183.)

12. April 08, 2019

    Read second time. Ordered to third reading.

13. April 04, 2019

    Ordered to second reading.

14. April 04, 2019

    Withdrawn from committee.

15. April 04, 2019

    Assembly Rule 96 suspended. (Ayes 53. Noes 15. Page 1032.)

16. January 24, 2019

    Referred to Com. on BUDGET.

17. December 04, 2018

    From printer. May be heard in committee January 3.

18. December 03, 2018

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects