AB 189

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly Jan 08, 2021
  • Passed Assembly Feb 25, 2021
  • Senate
  • Governor

State Government.

Bill Subjects

State Government.

Abstract

(1) Existing law, the Horse Racing Law, establishes the California Horse Racing Board within the Business, Consumer Services, and Housing Agency. That law vests the board with all powers necessary and proper to enable it to carry out the Horse Racing Law and makes the board responsible for, among other things, adopting rules and regulations for the protection of the public and the control of horse racing and parimutuel wagering and administration and enforcement of all laws, rules, and regulations affecting horse racing and parimutuel wagering. Existing federal law, the Horseracing Integrity and Safety Act of 2020, requires the Federal Trade Commission, the Horseracing Integrity and Safety Authority, and a specified antidoping and medication control enforcement agency to implement and enforce a horseracing antidoping and medication control program and a racetrack safety program, as specified. This bill would authorize the board to enter into agreements with the authority and any other private, state, or federal entity that is responsible for administering the federal act for the purpose of providing services consistent with the enforcement of the horseracing antidoping and medication control program and the racetrack safety program. The bill would authorize the board, on behalf of the authority, to collect and remit fees assessed by the authority to fund California's proportionate share of the authority's horseracing antidoping and medication control program and racetrack safety program, as specified. The bill would authorize the board to elect to subject breeds other than thoroughbreds to the act. (2) Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law requires a person who deals, operates, carries on, conducts, maintains, or exposes for play any controlled game in this state, or who receives any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game in this state, to apply for and obtain a valid state gambling license, key employee license, or work permit. Existing law also requires the licensure and regulation of any party or entity that provides proposition player services at gambling establishments, known as third-party providers of proposition players. Existing law requires every application for a license or approval to be accompanied by a nonrefundable fee, in an amount to be adopted by regulation, and prohibits the amount of the fee from exceeding $1,200. Under existing law, the fee for a renewal of a state gambling license is determined based on specified amounts set forth in 2 schedules and depends on the amount of tables authorized by the license or on the gross revenue of an owner licensee, as specified. This bill would, among other things, retain the requirement that the application fee for a license or approval shall not exceed $1,200 but would specify that the amount of the application fee shall be determined by the commission and adopted by regulation. The bill would eliminate the 2 fee schedules referenced above and, instead, would require the fee for the renewal of a state gambling license to be an amount determined by the commission in accordance with regulations adopted pursuant to the act. The bill would require the amount of fees collected pursuant to these provisions to be limited to the reasonable regulatory expenditures of the department and the commission to administer the act. The bill would eliminate an obsolete fee requirement relating to provisional licenses. (3) Existing law creates in the Business, Consumer Services, and Housing Agency, the Department of Fair Employment and Housing under the direction of an executive officer known as the Director of Fair Employment and Housing. Existing law creates within the department the Fair Employment and Housing Council, and gives the council certain functions, powers, and duties, including, among others, adopting, promulgating, amending, and rescinding suitable rules, regulations, and standards that implement various provisions prohibiting discrimination, as provided. This bill would change the name of the department to the Civil Rights Department under the direction of an executive officer known as the Director of Civil Rights. The bill would also change the name of the council to the Civil Rights Council and make other conforming and nonsubstantive changes. Existing law, the California Fair Employment and Housing Act (FEHA) , makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the department. The FEHA authorizes the director, in their discretion, to bring a civil action in the name of the department on behalf of the person claiming to be aggrieved. This bill would specify that the department is acting in the public interest in bringing these civil actions. (4) Existing law, the Administrative Procedure Act, generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act requires every state agency to transmit to the Office of Administrative Law (office) for filing with the Secretary of State a certified copy of every regulation adopted or amended by it, and every order of repeal of a regulation, unless the regulation is a building standard. The act also requires a state agency to deliver to the office, at the time of transmittal for filing a regulation or order of repeal, 6 duplicate copies of the regulation or order of repeal. This bill would remove the requirement that a state agency deliver 6 duplicate copies of a regulation or order of repeal when transmitting it to the office for filing. (5) Existing law establishes the Government Operations Agency, which consists of several departments including, but not limited to, the State Personnel Board, the Department of General Services, and the Office of Administrative Law. Under existing law, the Government Operations Agency is under the direction of an executive officer known as the Secretary of Government Operations, who is appointed by, and holds office at the pleasure of, the Governor, subject to confirmation by the Senate. This bill would create, within the Government Operations Agency, a Chief Equity Officer, to be appointed by, and serve at the pleasure of, the Governor. The Chief Equity Officer would be required to report to the Secretary, or the Secretary's designee, of the Government Operations Agency. The bill would require the Chief Equity Officer's duty to be to improve equity and inclusion throughout state government operations and would authorize the Chief Equity Officer to engage with state entities for these purposes. The bill would authorize the Chief Equity Officer to create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures regarding equity and inclusion for state entities in specified state manuals. (6) Existing law, the Bill of Rights for State Excluded Employees, sets forth various rights and terms and conditions of employment for excluded employees, and defines "excluded employee" for purposes of those provisions to include certain managerial, confidential, and supervisory employees and certain employees of specified state entities. This bill would include employees of the office of the Secretary of Government Operations within the Government Operations Agency as excluded employees for purposes of the Bill of Rights for State Excluded Employees. (7) Existing law establishes the California Law Revision Commission to examine the law and recommend necessary reforms for defects, anachronisms, and antiquated or inequitable rules of law. Existing law requires the commission to study any topic that the Legislature, by concurrent resolution or statute, refers to the commission. Existing law establishes within the commission the Committee on Revision of the Penal Code and requires the committee to study and make recommendations related to the Penal Code that achieve various objectives, including simplifying criminal law and procedure. Existing law requires the California State Library to make its material available to the commission and committee, and requires state agencies and other official state organizations to provide the commission and the committee full information, reasonable assistance in any matters of research, and data within its knowledge or control. This bill would authorize local governmental entities to give the committee full information and reasonable assistance in any matters of research, or data within their knowledge or control. (8) The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property, defined as the county assessor's valuation of real property as shown on the 1975–76 tax bill and, thereafter, the appraised value of the property when purchased, newly constructed, or a change in ownership occurs after the 1975 assessment, subject to an annual inflation adjustment not to exceed 2%. Existing property tax law requires every county assessor to assess all property subject to general property taxation at its full value and on the lien date, as described. This bill would establish, from July 1, 2022, to June 30, 2025, inclusive, the County Assessors' Grant Program to assist county assessors in performing property assessments with technology investments. The bill would require the Department of Finance to administer the program and would provide program funds for a particular fiscal year only upon appropriation by the Legislature for the program in that fiscal year. The bill would authorize, for the 2022–23 fiscal year, a county assessor's joint powers authority to apply, in the form and manner specified by the department or in the form of a memorandum of understanding, by October 1, 2022, to the department for program funds. The bill would set forth requirements and standards for the review and approval of an application or memorandum and method of payment of program funds. The bill would also set forth specific procedures for program funds for the 2023–24 and 2024–25 fiscal years. The bill would require, no later than October 1, 2023, and each October 1 thereafter until October 1, 2025, an authority that receives program funds to report certain information regarding its use of the funds to the department. (9) Existing law establishes in state government the Office of Tax Appeals and establishes within the office tax appeals panels consisting of 3 administrative law judges that meet certain criteria, including having knowledge and experience with regard to the administration and operation of the tax and fee laws of the United States and California. Existing law also requires the office to establish a process under which a person filing an appeal may request a closed hearing and criteria by which to determine whether to grant a requested closed hearing, as prescribed, and requires the office to establish a process under which a person filing an appeal may opt to appear before one administrative law judge if certain criteria are met. This bill would instead require the tax appeals panels to consist of 3 members that meet certain criteria, including that the member is a person who either maintained an active membership in the State Bar of California for at least 5 years immediately preceding designation to a tax appeals panel and meets the qualifications for a state employee classification as an administrative law judge, or the member is a person employed under the state employee classifications for either the Business Taxes Specialist, California Department of Tax and Fee Administration series or the Program Specialist, Franchise Tax Board series. The bill would require the office to adopt ethics standards, as specified, including rules governing conflicts of interest and ex parte communication, to which the members on the tax appeals panels would be required to adhere. The bill would instead require the office to establish a process under which a person filing an appeal may opt to appear before one member, who meets the criteria described above for a member on a tax appeals panel, if certain criteria are met. The bill would also repeal those provisions related to closed hearings described above. (10) Existing law establishes procedural requirements for formal hearings conducted by state boards, commissions, and officers, as prescribed. Existing law requires every hearing under those provisions in a contested case to be presided over by an administrative law judge. Existing law requires the proceedings at the hearing to be reported by a stenographic reporter except that, upon the consent of all the parties, the proceedings may be reported electronically. This bill would additionally authorize, if a stenographic reporter is unavailable and upon a finding of good cause by the administrative law judge, the proceedings to be recorded electronically. (11) Existing law establishes the California Earthquake Authority, administered under the authority of the Insurance Commissioner and governed by a 3-member board, to transact insurance in this state as necessary to sell policies of basic residential earthquake insurance. Under existing law, the California Residential Mitigation Program, also known as the CRMP, is a joint powers authority created in 2012 by agreement between the California Earthquake Authority and the Office of Emergency Services. Existing law authorizes a city or county to establish, by ordinance, seismic retrofit standards for certain woodframe, multiunit residential buildings, referred to as soft story residential buildings, that the city or county identifies as being potentially hazardous to life in the event of an earthquake. This bill would establish the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. The bill would also establish the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. The bill would provide that the Legislature will appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. The bill would require the CRMP to develop and administer the program, as specified. The bill would require the CRMP to submit a specified report to the Legislature by January 1, 2027, and annually thereafter until January 1, 2042, regarding the implementation of the program. The bill would make these provisions inoperative on July 1, 2042, and would repeal them as of January 1, 2043. (12) Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law requires the Office of Planning and Research within the Governor's office to perform various duties, including to develop long-range policies to assist the state and local agencies in meeting the problems presented by the growth and development of urban areas and defining the complementary roles of the state, cities, counties, school districts, and special districts with respect to such growth. This bill would establish the Office of Community Partnerships and Strategic Communications within the Office of Planning and Research and would state the intent of the Legislature to achieve more inclusive and effective outcomes while preventing equity gaps in statewide outreach by establishing this office. The bill would require the Governor to appoint the Executive Officer of Community Partnerships and Strategic Communication to manage this office, and would require the executive officer to report to the Director of the Office of Planning and Research. The bill would require the executive officer, under the direction of the Director of the Office of Planning and Research, to initiate and execute campaigns related to the state's highest priority public awareness and community outreach effort. This bill would require the office, among other duties, to work with community-based organizations, as defined, and other partners to engage Californians with culturally competent and relevant information to improve the quality of their lives and livelihoods, as specified. The bill would require the office to develop and support a network of community-based organizations, philanthropic organizations, and other partners to support the office's core mission and goals. The bill would require the office to collaborate with other state agencies to review state contracting options for community-based organizations, philanthropic organizations, and other partners. The bill would require the office to consider specified criteria when selecting its awareness and outreach campaigns and would require the office to post guidelines for an award of funds made under any appropriation of funds to the office. This bill would require the office to administer, manage, and award grants to support the state's public awareness and community outreach efforts using specified implementation methods, including, providing technical assistance to applicants, contracting with third parties to administer financial assistance, allowing the subgranting of awarded grants, and advancing public-private partnerships that effectively align with the mission of the office. This bill would require state agencies in collaboration with the office to share data and statistical information regarding outreach efforts upon request. Existing law requires the Office of Planning and Research to perform various duties, including to assist state departments in formulating, evaluating, and updating long-range goals and policies for land use and other functions that relate to the protection and enhancement of the state's environment; to coordinate federal grant programs and the development and operation of a statewide environmental monitoring system that assesses the environmental quality of the state; and to encourage the formation and proper functioning of, and provide planning assistance to, city, county, district, and regional planning agencies. This bill would require the Office of Planning and Research to additionally accept and allocate or expend grants and gifts on behalf of the state and to support community partnerships and strategic communication activities. Existing law, the California Public Health Act of 2006, establishes the State Department of Public Health. Existing law vests the duties, powers, purposes, functions, responsibilities, and jurisdiction of the former State Department of Health Services in the State Department of Public Health as they relate to public health, licensing, and certification of health facilities, among other things. Under existing law, the State Department of Public Health may perform various activities relating to the protection, preservation, and advancement of public health, including entering into contracts, cooperative agreements, and other agreements. This bill would transfer to the Office of Community Partnerships and Strategic Communications the various duties and responsibilities of the State Department of Public Health relating to the administration or implementation of the COVID-19 vaccine-related public education and outreach campaigns. The bill would, for these purposes, also provide for the transfer to the Office of Planning and Research of certain books, documents, and records of the department. The bill would prohibit any contract, license, or other agreement related to the administration or implementation of the COVID-19 vaccine-related public education and outreach campaigns and to which the State Department of Public Health is a party from becoming void or voidable by this transfer of power, and would require those contracts, licenses, or other agreements to continue in full force and effect with the Office of Planning and Research assuming all of the rights, obligations, liabilities, and duties relating to overseeing COVID-19 vaccine-related public education and outreach campaigns. (13) Existing law establishes the California Victim Compensation Board within the Government Operations Agency and authorizes the board to grant certain compensation, paid from the Restitution Fund, a continuously appropriated fund, for pecuniary loss when the board determines it will best aid the person seeking compensation. Existing law authorizes, as prescribed, the board to grant a cash payment or reimbursement to a victim for expenses incurred in relocating, to an individual who pays, or assumes the obligation to pay, certain funeral and burial expenses, and to an individual who pays, or assumes the obligation to pay, the reasonable costs to clean the scene of a crime. Existing law, with certain exceptions, prohibits the compensation from exceeding certain dollar amounts, which are $2,000, $7,500, and $1,000, respectively. This bill would increase the compensation limits described above to $3,418, $12,818, and $1,709, respectively. By authorizing an increase in the amount of expenditures from a continuously appropriated fund, this bill would make an appropriation. (14) Existing law requires the Controller to install and operate a uniform state payroll system for all state agencies, except as prescribed. This bill would require, on or before February 1, 2023, the Controller to, in consultation with the Department of Human Resources, submit a report to each of the relevant budget subcommittees of the Legislature on the proposed California State Payroll System information technology project. The bill would require the report to include, among other things, a detailed summary of project planning efforts up to the report's publication, particularly project team outreach to state entities impacted by the future system, to gather business and system requirements and design future business processes. (15) Existing law requires the Controller to, among other duties, establish and maintain a payroll of all persons employed by every state agency except the University of California. Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law requires any state agency, board, or commission that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for major Asian and Pacific Islander groups, as specified. This bill would, commencing January 1, 2024, require the State Controller's Office, to the extent the office has completed the functionality necessary, and the Department of Human Resources, when collecting demographic data as to the ancestry or ethnic origin of Californians hired into state employment, to use additional collection categories and tabulations for specified Black or African American groups. The bill would require inclusion of that data in the Annual Census of Employees in State Civil Service report published or released on or after January 1, 2025, as specified. (16) Existing law, the Technology Act of 2005, establishes the Department of Technology within the Government Operations Agency, supervised by the Director of Technology. Within the department, existing law established the Office of Technology Services. Existing law requires the director to propose to the Director of Finance rates for the Office of Technology Services' services based on a formal rate methodology. Existing law requires the Director of Finance to approve the proposal based on the reasonableness of the rates and any significant impact on departmental budgets. This bill would require the department, in consultation with the Department of Finance, to reassess the formal rate methodology and relevant policies and procedures, as specified, for state data center services, as defined. The bill would additionally require the Director of Finance to approve the director's proposal based on certain requirements of the state data center rate reassessment. The bill would require the department to conduct the reassessment between July 1, 2022, and June 30, 2025. Commencing April 1, 2023, and every 12 months thereafter until August 1, 2025, the bill would require the department to submit a report to the Joint Legislative Budget Committee, among other budget committees, on the progress of the completion of the rate reassessment. Existing law creates the Technology Services Revolving Fund within the State Treasury to receive all revenues from the sale of technology or technology services as provided. Existing law requires the director to administer the fund. The bill, upon appropriation by the Legislature, would allocate moneys from the General Fund for the administrative costs and revenue losses sustained by the department while conducting the reassessment. The bill would require any remaining allocation of funds to be transferred to the Technology Services Revolving Fund upon completion of the reassessment, no later than June 30, 2025. (17) Existing law, known as the State Capitol Building Annex Act of 2016 (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. Existing law authorizes the State Public Works Board (SPWB) to issue lease-revenue bonds, notes, or bond anticipation notes, not exceeding a specified cap, pursuant to specified law to finance the acquisition, design, and construction of the above-described work of construction, restoration, rehabilitation, renovation, or reconstruction under the act and the construction of the above-described state office building. Existing law continuously appropriates funds derived from these financing methods to the SPWB for the authorized projects. Existing law also expresses the intent of the Legislature that available cash sources, including moneys appropriated in the Budget Act of 2018, be used to fund the projects described above. Existing law requires all work performed pursuant to the act to be administered and supervised by the Department of General Services. This bill would remove the SPWB's authority under the provisions described above to issue lease-revenue bonds, notes, or bond anticipation notes. The bill would also revise the above-described intent statement to instead express the intent of the Legislature that available cash sources, including moneys appropriated in the Budget Acts of 2018, 2021, and 2022, be used to fund the projects described above. The bill would instead require all work performed pursuant to the act to be executed and managed by the Joint Rules Committee, as prescribed, and would require the Department of General Services to provide counsel and advice to the Joint Rules Committee for purposes of the work. Existing law establishes the State Project Infrastructure Fund and continuously appropriates moneys in the fund for state projects and specified other purposes, including for the capital outlay projects specified in the act, as described above. Existing law defines the term "state project" for these purposes, but excludes from that definition work done to the State Capitol or an office building utilized by or under the control of the Legislature, including, among other things, work done pursuant to the act. Existing law requires the Controller, upon direction of the Director of Finance, to transfer from the fund to the Operating Funds of the Assembly and Senate an amount that is consistent with the budget amount specified in an agreement between the Joint Rules Committee, the Department of Finance or its designated representative, and the Department of General Services or its designated representative that governs the work undertaken pursuant to the act. This bill would recast these provisions to instead require, upon amending the agreement described above, the Director of Finance to direct the Controller to transfer from the fund to the Operating Funds of the Assembly and Senate an amount that is specified within a specified budget appropriation schedule, thereby making an appropriation. The bill would also require, upon direction of the Director of Finance, the Controller to transfer from the fund to the Operating Funds of the Assembly and Senate an amount up to $80,000,000 for pre-construction activities for the capital outlay projects, as prescribed. Existing law requires the State Historic Preservation Officer (officer) to maintain a master list composed of all inventoried structures submitted and determined significant, as specified, and all state-owned historical resources currently listed in the National Register of Historic Places or registered as a state historical landmark under state agency jurisdiction. Existing law prohibits a state agency from altering the original or significant historical features or fabric, or transferring, relocating, or demolishing historical resources on that master list without first giving notice and a summary of the proposed action to the officer for review and comment, as specified. Existing law requires the head of the state agency having jurisdiction over the historical resource and the officer to adopt certain measures to eliminate or mitigate any adverse effects that the officer determines the proposed action will have. Existing law also requires, among other things, a state agency to submit to the officer for comment documentation for any project having the potential to affect historical resources listed in or potentially eligible for inclusion in the National Register of Historic Places or registered as or eligible for registration as a state historical landmark. This bill would exempt work performed under the act from the provisions referenced above, as prescribed. (18) Existing law establishes the Court Reporters Board of California to license and regulate shorthand reporters, and prohibits a person or entity from engaging in specified acts relating to shorthand reporting unless the person or entity is a licensed shorthand reporter, a shorthand reporting corporation, or one of specified other persons or entities not subject to those provisions. Existing law, on and after July 1, 2022, authorizes an entity that is not a shorthand reporting corporation, wherever incorporated in the United States, to engage in specified acts relating to shorthand reporting if the entity, among other things, pays an annual registration fee in an amount determined by the board, not to exceed $500 and not to exceed the board's cost of administering those provisions. Existing law authorizes the board to adopt regulations to implement those provisions, and repeals those provisions on January 1, 2024. This bill would instead authorize those entities, wherever headquartered in the United States, to engage in the specified shorthand reporting activities. The bill would require an entity to pay an initial annual registration fee to the board of $500 until January 1, 2025, and, on and after January 1, 2025, a fee not to exceed $500 or the board's cost of administering the provisions, whichever is less. The bill would authorize the board to adopt emergency regulations in 2022 and 2023. Existing law charges the board with the executive functions necessary for effectuating the purposes of the provisions regulating shorthand reporters. This bill would state that those executive functions include the discretion to inform the public of information that would be or is a public record regarding shorthand reporting corporations operating in this state. (19) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines "appropriations subject to limitation" of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines "appropriations subject to limitation" of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes. Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law defines, for those purposes, "state subventions" as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention. This bill, for fiscal years commencing with the 2020–21 fiscal year, would define "state subventions" to additionally include money provided to a local agency pursuant to certain state programs and would require any money received by a local agency pursuant to that provision to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed. (20) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting. Existing law authorizes teleconferencing subject to specified criteria, including, among others, that agendas be posted at all teleconference locations and that each teleconference location be identified in the notice and agenda of the meeting or proceeding and be accessible to the public, and that members of the public be able to address the state body directly at each teleconference location. This bill, until July 1, 2023, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to otherwise applicable provisions, as provided. This bill would repeal those provisions as of July 1, 2023. (21) The California Constitution provides that the Legislature may make no law except by statute and may enact no statute except by bill. The California Constitution requires the Legislature to pass a budget bill making appropriations for the ensuing fiscal year by midnight on June 15 of each year. This bill would add a section to the Government Code that identifies the bills that constitute the Budget Act for each fiscal year from 2011–12 through 2020–21. (22) Existing law establishes the Office of Broadband and Digital Literacy within the Department of Technology. Existing law requires the office to oversee the acquisition and management of contracts for the development and construction of a statewide open-access middle-mile broadband network, as defined. The bill would make a statement of the Legislature's goals, as part of the 2022 Budget agreement, to provide for the development, construction, and acquisition of a statewide open-access middle-mile broadband network, and for the maintenance and operation of the resulting infrastructure. The bill would specify, in this regard, appropriations to be made in the future and would prescribe requirements to be satisfied before the funds would be available for encumbrance or expenditure. (23) 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. (24) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Sponsors (1)

Committee on Budget

     
Author

Votes


Actions


Aug 01, 2022

Senate

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

  • Referral-Committee
Com. on B. & F.R.

Jun 28, 2022

Senate

Read second time. Ordered to third reading.

Jun 27, 2022

Senate

From committee: Do pass. (Ayes 12. Noes 2.) (June 27).

Jun 26, 2022

Senate

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.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on B. & F.R.

Jun 21, 2022

Senate

In committee: Hearing postponed by committee.

Mar 11, 2021

Senate

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

  • Referral-Committee
Com. on B. & F.R.

Feb 25, 2021

Senate

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

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 18. Page 506.)

Feb 23, 2021

Assembly

Read second time. Ordered to third reading.

Feb 22, 2021

Assembly

Assembly Rule 96 suspended. (Ayes 53. Noes 17. Page 432.)

Assembly

Ordered to second reading.

Assembly

Withdrawn from committee.

Assembly

Re-referred to Com. on BUDGET.

  • Referral-Committee
Com. on BUDGET.

Feb 18, 2021

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.

Jan 28, 2021

Assembly

Referred to Com. on BUDGET.

  • Referral-Committee
Com. on BUDGET.

Jan 11, 2021

Assembly

Read first time.

Jan 09, 2021

Assembly

From printer. May be heard in committee February 9.

Jan 08, 2021

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB189 HTML
01/08/21 - Introduced PDF
02/18/21 - Amended Assembly PDF
06/26/22 - Amended Senate PDF

Related Documents

Document Format
02/24/21- ASSEMBLY FLOOR ANALYSIS PDF
06/26/22- Senate Committee on Budget and Fiscal Review PDF
06/28/22- ASSEMBLY FLOOR ANALYSIS PDF
06/28/22- Sen. Floor Analyses PDF

Sources

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