AB 1824: State government.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-06-27
(1)The Voting Modernization Bond Act of 2002 authorizes a county to apply to the Voting Modernization Board for money from the proceeds of the sale of bonds (1) to pay for or purchase new voting systems that are certified or conditionally approved by the Secretary of State, (2) to research and develop new voting systems, or (3) to manufacture the minimum number of voting system units reasonably necessary to test and seek certification or conditional approval of the voting system, or test and demonstrate the capabilities of a voting system in a pilot program.
This bill would require the Secretary of State to use funds appropriated to him or her in the Budget Act of 2018 for voting system replacement to award contracts to counties that would reimburse the counties for funds spent by the counties on activities similar to those described above, as specified. The bill would require the Secretary of State to allocate funds for those contracts based on specified criteria, and would require that the reimbursement match funds spent by a county on a dollar-for-dollar basis, up to the allocated amount.
(2)Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed within certain time periods, as specified. Existing law authorizes the board to grant an extension of time based on certain criteria, and requires the board, in making this determination, to consider, among other factors, whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime.
This bill would also require the board to consider, until December 31, 2019, whether the victim or derivative victim incurs emotional harm or a pecuniary loss as a result of the identification of the East Area Rapist, also known as the Golden State Killer, a person suspected of committing certain homicide and sexual assault crimes. The bill would specify, for purposes of this provision, that emotional harm includes, but is not limited to, harm incurred while preparing to testify. By expanding the scope of provisions authorizing certain uses of continuously appropriated funds, the bill would make an appropriation.
(3)Existing law requires the Department of Veterans Affairs to prepare a master plan for the overall operations of the veterans home system, as specified, by no later than July 1, 2019. Existing law specifies that the development of the master plan should include a stakeholder process that includes, among other things, an assessment of the current and projected long-term care needs of Californias veterans and a discussion of how veterans with complex mental and behavioral health needs will be accommodated.
This bill would instead require the master plan to be prepared by December 31, 2019. The bill would require the master plan to be revised and updated every 5 years thereafter. The bill would additionally require the master plan to include consideration and discussion of certain specified elements.
(4)Existing law provides that whenever any person is arrested for certain offenses, including, among other things, an infraction involving vehicle equipment, the arresting officer is required to permit the arrested person to execute a notice, prepared by the officer in triplicate, containing a promise to correct the violation and to deliver proof of correction to the issuing agency, unless the arresting officer finds that a disqualifying condition exists.
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.
This bill would include, among those conditions that are disqualifying, a violation of the above-described requirements related to mufflers and exhaust systems.
(5)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1)The Voting Modernization Bond Act of 2002 authorizes a county to apply to the Voting Modernization Board for money from the proceeds of the sale of bonds (1) to pay for or purchase new voting systems that are certified or conditionally approved by the Secretary of State, (2) to research and develop new voting systems, or (3) to manufacture the minimum number of voting system units reasonably necessary to test and seek certification or conditional approval of the voting system, or test and demonstrate the capabilities of a voting system in a pilot program.
This bill would require the Secretary of State to use funds appropriated to him or her in the Budget Act of 2018 for voting system replacement to award contracts to counties that would reimburse the counties for funds spent by the counties on activities similar to those described above, as specified. The bill would require the Secretary of State to allocate funds for those contracts based on specified criteria, and would require that the reimbursement match funds spent by a county on a dollar-for-dollar basis, up to the allocated amount.
(2)Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed within certain time periods, as specified. Existing law authorizes the board to grant an extension of time based on certain criteria, and requires the board, in making this determination, to consider, among other factors, whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime.
This bill would also require the board to consider, until December 31, 2019, whether the victim or derivative victim incurs emotional harm or a pecuniary loss as a result of the identification of the East Area Rapist, also known as the Golden State Killer, a person suspected of committing certain homicide and sexual assault crimes. The bill would specify, for purposes of this provision, that emotional harm includes, but is not limited to, harm incurred while preparing to testify. By expanding the scope of provisions authorizing certain uses of continuously appropriated funds, the bill would make an appropriation.
(3)Existing law requires the Department of Veterans Affairs to prepare a master plan for the overall operations of the veterans home system, as specified, by no later than July 1, 2019. Existing law specifies that the development of the master plan should include a stakeholder process that includes, among other things, an assessment of the current and projected long-term care needs of Californias veterans and a discussion of how veterans with complex mental and behavioral health needs will be accommodated.
This bill would instead require the master plan to be prepared by December 31, 2019. The bill would require the master plan to be revised and updated every 5 years thereafter. The bill would additionally require the master plan to include consideration and discussion of certain specified elements.
(4)Existing law provides that whenever any person is arrested for certain offenses, including, among other things, an infraction involving vehicle equipment, the arresting officer is required to permit the arrested person to execute a notice, prepared by the officer in triplicate, containing a promise to correct the violation and to deliver proof of correction to the issuing agency, unless the arresting officer finds that a disqualifying condition exists.
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.
This bill would include, among those conditions that are disqualifying, a violation of the above-described requirements related to mufflers and exhaust systems.
(5)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1)The Voting Modernization Bond Act of 2002 authorizes a county to apply to the Voting Modernization Board for money from the proceeds of the sale of bonds (1) to pay for or purchase new voting systems that are certified or conditionally approved by the Secretary of State, (2) to research and develop new voting systems, or (3) to manufacture the minimum number of voting system units reasonably necessary to test and seek certification or conditional approval of the voting system, or test and demonstrate the capabilities of a voting system in a pilot program.
This bill would require the Secretary of State to use funds appropriated to him or her in the Budget Act of 2018 for voting system replacement to award contracts to counties that would reimburse the counties for funds spent by the counties on activities similar to those described above, as specified. The bill would require the Secretary of State to allocate funds for those contracts based on specified criteria, and would require that the reimbursement match funds spent by a county on a dollar-for-dollar basis, up to the allocated amount.
(2)Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed within certain time periods, as specified. Existing law authorizes the board to grant an extension of time based on certain criteria, and requires the board, in making this determination, to consider, among other factors, whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime.
This bill would also require the board to consider, until December 31, 2019, whether the victim or derivative victim incurs emotional harm or a pecuniary loss as a result of the identification of the East Area Rapist, also known as the Golden State Killer, a person suspected of committing certain homicide and sexual assault crimes. The bill would specify, for purposes of this provision, that emotional harm includes, but is not limited to, harm incurred while preparing to testify. By expanding the scope of provisions authorizing certain uses of continuously appropriated funds, the bill would make an appropriation.
(3)Existing law requires the Department of Veterans Affairs to prepare a master plan for the overall operations of the veterans home system, as specified, by no later than July 1, 2019. Existing law specifies that the development of the master plan should include a stakeholder process that includes, among other things, an assessment of the current and projected long-term care needs of Californias veterans and a discussion of how veterans with complex mental and behavioral health needs will be accommodated.
This bill would instead require the master plan to be prepared by December 31, 2019. The bill would require the master plan to be revised and updated every 5 years thereafter. The bill would additionally require the master plan to include consideration and discussion of certain specified elements.
(4)Existing law provides that whenever any person is arrested for certain offenses, including, among other things, an infraction involving vehicle equipment, the arresting officer is required to permit the arrested person to execute a notice, prepared by the officer in triplicate, containing a promise to correct the violation and to deliver proof of correction to the issuing agency, unless the arresting officer finds that a disqualifying condition exists.
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.
This bill would include, among those conditions that are disqualifying, a violation of the above-described requirements related to mufflers and exhaust systems.
(5)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
For purposes of this chapter, the following definitions apply:
(a)Ballot on demand system means a ballot manufacturing system, as defined in Section 303.4, that is subject to Sections 13004 and 13004.5.
(b)Electronic poll book means an electronic list of registered voters that may be transported to the polling location or vote center pursuant to Section 2550.
(c)Remote accessible vote by mail system means a system, as defined in Section 303.3, that is certified pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19.
(d)Vote by mail ballot drop box means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained pursuant to Section 3025.
(e)Voting system means any voting machine, voting device, or vote tabulating device that does not use prescored punch card ballots.
19402.(a)The Secretary of State shall use the funds appropriated to him or her in the Budget Act of 2018 for voting system replacement for counties by awarding reimbursement contracts to counties for voting system replacement using the funding allocation described in subdivision (b). To receive reimbursement, a county shall provide matching funds that are at least equivalent to state funds received for the eligible expenditures described in subdivision (d).
(b)The Secretary of State shall allocate funding for a contract described in subdivision (a) based on the size of the county, the number of voters registered in the county, and the Secretary of States estimate of need for county voting equipment.
(c)A contract described in subdivision (a) shall permit a county to apply to the Secretary of State for reimbursement costs incurred in connection with the activities described in subdivision (d) in a manner consistent with all of the following:
(1)The county may seek reimbursement for payments made pursuant to a purchase agreement, lease agreement, or other contract made after April 29, 2015.
(2)The funded activities described in subparagraph (A) of paragraph (1) of subdivision (d) shall be for new voting systems that have been certified pursuant to the California Voting System Standards.
(3)The county shall provide the Secretary of State with documentation of the payment for which reimbursement is sought, and of the purchase agreement, lease agreement, or other contract pursuant to which the reimbursed payment was made.
(4)The Secretary of State shall verify that payment for which reimbursement is sought meets the criteria set forth in the contract described in subdivision (a) before reimbursing the county.
(5)The Secretary of State shall reimburse the county by matching county funds spent on voting system replacement activities described in subdivision (d) on a dollar-for-dollar basis, up to the maximum amount of funds allocated for the contract pursuant to subdivision (b).
(d)For purposes of this chapter, reimbursable voting system replacement activities include all of the following:
(1)The purchase or lease of any of the following:
(A)A voting system certified or conditionally approved by the Secretary of State that does not use prescored punch card ballots.
(B)Electronic poll books certified by the Secretary of State.
(C)Ballot on demand systems certified by the Secretary of State.
(D)Vote by mail ballot drop boxes that comply with any applicable regulations adopted by the Secretary of State pursuant to subdivision (b) of Section 3025.
(E)Remote accessible vote by mail systems certified or conditionally approved by the Secretary of State.
(F)Telecommunication technologies to facilitate electronic connection, for the purpose of voter registration, between polling places, vote centers, and the office of the county elections official or the Secretary of States office.
(G)Vote by mail ballot sorting and processing equipment.
(2)Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State, but that would result in a voting system certified by the Secretary of State to comply with the California Voting System Standards. A voting system developed pursuant to this paragraph shall use only nonproprietary software and firmware with disclosed source code, except that it may use unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.
(3)(A)Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:
(i)Testing and seeking certification or conditional approval for the voting system pursuant to Sections 19210 to 19214, inclusive.
(ii)Testing and demonstrating the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) and subdivision (c) of Section 19209.
(B)For purposes of this paragraph, voting system includes a part of a voting system.
(4)If a county uses funding provided to it for the activities described in paragraph (2) or (3), and those activities do not result in a voting system certified by the Secretary of State to comply with the California Voting System Standards by July 1, 2023, the county shall return the state funding provided for those activities to the State. If the county does not return the funding by June 30, 2024, the State Controller shall withhold any payment to the county in an equivalent amount, as directed by the Department of Finance.
(e)A voting system purchased or leased by a county for which the county seeks reimbursement from the Secretary of State pursuant to this section and that does not require a voter to directly mark on the ballot must produce, at the time the voter votes his or her ballot or at the time the polls are closed, a paper version or representation of the voted ballot or of all of the ballots cast on a unit of the voting system. The paper version shall not be provided to the voter but shall be retained by elections officials for use during the 1 percent manual tally described in Section 15360, or any recount, audit, or contest.
SEC. 2.Section 13953 of the Government Code is amended to read:13953.(a)An application for compensation shall be filed within three years of the date of the crime, three years after the victim attains 18 years of age, or three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of crime, whichever is later. An application based on any crime eligible for prosecution under Section 801.1 of the Penal Code may be filed any time prior to the victims 28th birthday.
(b)The board may for good cause grant an extension of the time period in subdivision (a). In making this determination, the board shall consider all of the following:
(1)Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime.
(2)Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration.
(3)Whether the victim or derivative victim incurs emotional harm or pecuniary loss as a result of the identification of the East Area Rapist, also known as the Golden State Killer, a person suspected of committing a series of homicide and sexual assault crimes in California between 1974 and 1986. As used in this paragraph, emotional harm includes, but is not limited to, harm incurred while preparing to testify. This paragraph shall cease to be operative on December 31, 2019.
(c)The period prescribed in this section for filing an application by or on behalf of a derivative victim shall be tolled when the board accepts the application filed by a victim of the same qualifying crime.
SEC. 3.Section 1052 is added to the Military and Veterans Code, to read:1052.(a)The master plan for the overall operation of the veterans homes system mandated by Provision 4 of Item 8955-001-0001 of Section 2.00 of the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) shall, notwithstanding that provision, be prepared by the department no later than December 31, 2019, and shall be revised every five years thereafter.
(b)The master plan, in addition to the requirements of Provision 4 of Item 8955-001-0001, shall include consideration and discussion of all of the following elements:
(1)The locating of future facilities at or within the vicinity of United States Department of Veterans Affairs facilities.
(2)The locating of future facilities near existing veteran populations within the state or the use of smaller homes in a larger number of communities to allow veterans to age in place in their existing communities.
(3)Providing services through community-based care service delivery models.
(4)The closure of facilities.
(5)The expansion of existing facilities or conversion of existing facilities to provide different levels of service.
(6)The local area cost of living for employees at current and proposed facility locations.
SEC. 4.Section 40610 of the Vehicle Code is amended to read:40610.(a)(1)Except as provided in paragraph (2), if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violators promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2)If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violators promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b)Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1)Evidence of fraud or persistent neglect.
(2)The violation presents an immediate safety hazard.
(3)The violator does not agree to, or cannot, promptly correct the violation.
(4)The violation cited is of subdivision (a) of Section 27150 or of subdivision (a) of Section 27151.
(c)If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d)Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owners or operators address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.
SEC. 5.This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
For purposes of this chapter, the following definitions apply:
(a)Ballot on demand system means a ballot manufacturing system, as defined in Section 303.4, that is subject to Sections 13004 and 13004.5.
(b)Electronic poll book means an electronic list of registered voters that may be transported to the polling location or vote center pursuant to Section 2550.
(c)Remote accessible vote by mail system means a system, as defined in Section 303.3, that is certified pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19.
(d)Vote by mail ballot drop box means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained pursuant to Section 3025.
(e)Voting system means any voting machine, voting device, or vote tabulating device that does not use prescored punch card ballots.
19402.(a)The Secretary of State shall use the funds appropriated to him or her in the Budget Act of 2018 for voting system replacement for counties by awarding reimbursement contracts to counties for voting system replacement using the funding allocation described in subdivision (b). To receive reimbursement, a county shall provide matching funds that are at least equivalent to state funds received for the eligible expenditures described in subdivision (d).
(b)The Secretary of State shall allocate funding for a contract described in subdivision (a) based on the size of the county, the number of voters registered in the county, and the Secretary of States estimate of need for county voting equipment.
(c)A contract described in subdivision (a) shall permit a county to apply to the Secretary of State for reimbursement costs incurred in connection with the activities described in subdivision (d) in a manner consistent with all of the following:
(1)The county may seek reimbursement for payments made pursuant to a purchase agreement, lease agreement, or other contract made after April 29, 2015.
(2)The funded activities described in subparagraph (A) of paragraph (1) of subdivision (d) shall be for new voting systems that have been certified pursuant to the California Voting System Standards.
(3)The county shall provide the Secretary of State with documentation of the payment for which reimbursement is sought, and of the purchase agreement, lease agreement, or other contract pursuant to which the reimbursed payment was made.
(4)The Secretary of State shall verify that payment for which reimbursement is sought meets the criteria set forth in the contract described in subdivision (a) before reimbursing the county.
(5)The Secretary of State shall reimburse the county by matching county funds spent on voting system replacement activities described in subdivision (d) on a dollar-for-dollar basis, up to the maximum amount of funds allocated for the contract pursuant to subdivision (b).
(d)For purposes of this chapter, reimbursable voting system replacement activities include all of the following:
(1)The purchase or lease of any of the following:
(A)A voting system certified or conditionally approved by the Secretary of State that does not use prescored punch card ballots.
(B)Electronic poll books certified by the Secretary of State.
(C)Ballot on demand systems certified by the Secretary of State.
(D)Vote by mail ballot drop boxes that comply with any applicable regulations adopted by the Secretary of State pursuant to subdivision (b) of Section 3025.
(E)Remote accessible vote by mail systems certified or conditionally approved by the Secretary of State.
(F)Telecommunication technologies to facilitate electronic connection, for the purpose of voter registration, between polling places, vote centers, and the office of the county elections official or the Secretary of States office.
(G)Vote by mail ballot sorting and processing equipment.
(2)Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State, but that would result in a voting system certified by the Secretary of State to comply with the California Voting System Standards. A voting system developed pursuant to this paragraph shall use only nonproprietary software and firmware with disclosed source code, except that it may use unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.
(3)(A)Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:
(i)Testing and seeking certification or conditional approval for the voting system pursuant to Sections 19210 to 19214, inclusive.
(ii)Testing and demonstrating the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) and subdivision (c) of Section 19209.
(B)For purposes of this paragraph, voting system includes a part of a voting system.
(4)If a county uses funding provided to it for the activities described in paragraph (2) or (3), and those activities do not result in a voting system certified by the Secretary of State to comply with the California Voting System Standards by July 1, 2023, the county shall return the state funding provided for those activities to the State. If the county does not return the funding by June 30, 2024, the State Controller shall withhold any payment to the county in an equivalent amount, as directed by the Department of Finance.
(e)A voting system purchased or leased by a county for which the county seeks reimbursement from the Secretary of State pursuant to this section and that does not require a voter to directly mark on the ballot must produce, at the time the voter votes his or her ballot or at the time the polls are closed, a paper version or representation of the voted ballot or of all of the ballots cast on a unit of the voting system. The paper version shall not be provided to the voter but shall be retained by elections officials for use during the 1 percent manual tally described in Section 15360, or any recount, audit, or contest.
SEC. 2.Section 13953 of the Government Code is amended to read:13953.(a)An application for compensation shall be filed within three years of the date of the crime, three years after the victim attains 18 years of age, or three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of crime, whichever is later. An application based on any crime eligible for prosecution under Section 801.1 of the Penal Code may be filed any time prior to the victims 28th birthday.
(b)The board may for good cause grant an extension of the time period in subdivision (a). In making this determination, the board shall consider all of the following:
(1)Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime.
(2)Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration.
(3)Whether the victim or derivative victim incurs emotional harm or pecuniary loss as a result of the identification of the East Area Rapist, also known as the Golden State Killer, a person suspected of committing a series of homicide and sexual assault crimes in California between 1974 and 1986. As used in this paragraph, emotional harm includes, but is not limited to, harm incurred while preparing to testify. This paragraph shall cease to be operative on December 31, 2019.
(c)The period prescribed in this section for filing an application by or on behalf of a derivative victim shall be tolled when the board accepts the application filed by a victim of the same qualifying crime.
SEC. 3.Section 1052 is added to the Military and Veterans Code, to read:1052.(a)The master plan for the overall operation of the veterans homes system mandated by Provision 4 of Item 8955-001-0001 of Section 2.00 of the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) shall, notwithstanding that provision, be prepared by the department no later than December 31, 2019, and shall be revised every five years thereafter.
(b)The master plan, in addition to the requirements of Provision 4 of Item 8955-001-0001, shall include consideration and discussion of all of the following elements:
(1)The locating of future facilities at or within the vicinity of United States Department of Veterans Affairs facilities.
(2)The locating of future facilities near existing veteran populations within the state or the use of smaller homes in a larger number of communities to allow veterans to age in place in their existing communities.
(3)Providing services through community-based care service delivery models.
(4)The closure of facilities.
(5)The expansion of existing facilities or conversion of existing facilities to provide different levels of service.
(6)The local area cost of living for employees at current and proposed facility locations.
SEC. 4.Section 40610 of the Vehicle Code is amended to read:40610.(a)(1)Except as provided in paragraph (2), if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violators promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2)If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violators promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b)Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1)Evidence of fraud or persistent neglect.
(2)The violation presents an immediate safety hazard.
(3)The violator does not agree to, or cannot, promptly correct the violation.
(4)The violation cited is of subdivision (a) of Section 27150 or of subdivision (a) of Section 27151.
(c)If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d)Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owners or operators address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.
SEC. 5.This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
For purposes of this chapter, the following definitions apply:
(a)Ballot on demand system means a ballot manufacturing system, as defined in Section 303.4, that is subject to Sections 13004 and 13004.5.
(b)Electronic poll book means an electronic list of registered voters that may be transported to the polling location or vote center pursuant to Section 2550.
(c)Remote accessible vote by mail system means a system, as defined in Section 303.3, that is certified pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19.
(d)Vote by mail ballot drop box means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained pursuant to Section 3025.
(e)Voting system means any voting machine, voting device, or vote tabulating device that does not use prescored punch card ballots.
19402.(a)The Secretary of State shall use the funds appropriated to him or her in the Budget Act of 2018 for voting system replacement for counties by awarding reimbursement contracts to counties for voting system replacement using the funding allocation described in subdivision (b). To receive reimbursement, a county shall provide matching funds that are at least equivalent to state funds received for the eligible expenditures described in subdivision (d).
(b)The Secretary of State shall allocate funding for a contract described in subdivision (a) based on the size of the county, the number of voters registered in the county, and the Secretary of States estimate of need for county voting equipment.
(c)A contract described in subdivision (a) shall permit a county to apply to the Secretary of State for reimbursement costs incurred in connection with the activities described in subdivision (d) in a manner consistent with all of the following:
(1)The county may seek reimbursement for payments made pursuant to a purchase agreement, lease agreement, or other contract made after April 29, 2015.
(2)The funded activities described in subparagraph (A) of paragraph (1) of subdivision (d) shall be for new voting systems that have been certified pursuant to the California Voting System Standards.
(3)The county shall provide the Secretary of State with documentation of the payment for which reimbursement is sought, and of the purchase agreement, lease agreement, or other contract pursuant to which the reimbursed payment was made.
(4)The Secretary of State shall verify that payment for which reimbursement is sought meets the criteria set forth in the contract described in subdivision (a) before reimbursing the county.
(5)The Secretary of State shall reimburse the county by matching county funds spent on voting system replacement activities described in subdivision (d) on a dollar-for-dollar basis, up to the maximum amount of funds allocated for the contract pursuant to subdivision (b).
(d)For purposes of this chapter, reimbursable voting system replacement activities include all of the following:
(1)The purchase or lease of any of the following:
(A)A voting system certified or conditionally approved by the Secretary of State that does not use prescored punch card ballots.
(B)Electronic poll books certified by the Secretary of State.
(C)Ballot on demand systems certified by the Secretary of State.
(D)Vote by mail ballot drop boxes that comply with any applicable regulations adopted by the Secretary of State pursuant to subdivision (b) of Section 3025.
(E)Remote accessible vote by mail systems certified or conditionally approved by the Secretary of State.
(F)Telecommunication technologies to facilitate electronic connection, for the purpose of voter registration, between polling places, vote centers, and the office of the county elections official or the Secretary of States office.
(G)Vote by mail ballot sorting and processing equipment.
(2)Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State, but that would result in a voting system certified by the Secretary of State to comply with the California Voting System Standards. A voting system developed pursuant to this paragraph shall use only nonproprietary software and firmware with disclosed source code, except that it may use unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209.
(3)(A)Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes:
(i)Testing and seeking certification or conditional approval for the voting system pursuant to Sections 19210 to 19214, inclusive.
(ii)Testing and demonstrating the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) and subdivision (c) of Section 19209.
(B)For purposes of this paragraph, voting system includes a part of a voting system.
(4)If a county uses funding provided to it for the activities described in paragraph (2) or (3), and those activities do not result in a voting system certified by the Secretary of State to comply with the California Voting System Standards by July 1, 2023, the county shall return the state funding provided for those activities to the State. If the county does not return the funding by June 30, 2024, the State Controller shall withhold any payment to the county in an equivalent amount, as directed by the Department of Finance.
(e)A voting system purchased or leased by a county for which the county seeks reimbursement from the Secretary of State pursuant to this section and that does not require a voter to directly mark on the ballot must produce, at the time the voter votes his or her ballot or at the time the polls are closed, a paper version or representation of the voted ballot or of all of the ballots cast on a unit of the voting system. The paper version shall not be provided to the voter but shall be retained by elections officials for use during the 1 percent manual tally described in Section 15360, or any recount, audit, or contest.
SEC. 2.Section 13953 of the Government Code is amended to read:13953.(a)An application for compensation shall be filed within three years of the date of the crime, three years after the victim attains 18 years of age, or three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of crime, whichever is later. An application based on any crime eligible for prosecution under Section 801.1 of the Penal Code may be filed any time prior to the victims 28th birthday.
(b)The board may for good cause grant an extension of the time period in subdivision (a). In making this determination, the board shall consider all of the following:
(1)Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime.
(2)Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration.
(3)Whether the victim or derivative victim incurs emotional harm or pecuniary loss as a result of the identification of the East Area Rapist, also known as the Golden State Killer, a person suspected of committing a series of homicide and sexual assault crimes in California between 1974 and 1986. As used in this paragraph, emotional harm includes, but is not limited to, harm incurred while preparing to testify. This paragraph shall cease to be operative on December 31, 2019.
(c)The period prescribed in this section for filing an application by or on behalf of a derivative victim shall be tolled when the board accepts the application filed by a victim of the same qualifying crime.
SEC. 3.Section 1052 is added to the Military and Veterans Code, to read:1052.(a)The master plan for the overall operation of the veterans homes system mandated by Provision 4 of Item 8955-001-0001 of Section 2.00 of the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) shall, notwithstanding that provision, be prepared by the department no later than December 31, 2019, and shall be revised every five years thereafter.
(b)The master plan, in addition to the requirements of Provision 4 of Item 8955-001-0001, shall include consideration and discussion of all of the following elements:
(1)The locating of future facilities at or within the vicinity of United States Department of Veterans Affairs facilities.
(2)The locating of future facilities near existing veteran populations within the state or the use of smaller homes in a larger number of communities to allow veterans to age in place in their existing communities.
(3)Providing services through community-based care service delivery models.
(4)The closure of facilities.
(5)The expansion of existing facilities or conversion of existing facilities to provide different levels of service.
(6)The local area cost of living for employees at current and proposed facility locations.
SEC. 4.Section 40610 of the Vehicle Code is amended to read:40610.(a)(1)Except as provided in paragraph (2), if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violators promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2)If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violators promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b)Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1)Evidence of fraud or persistent neglect.
(2)The violation presents an immediate safety hazard.
(3)The violator does not agree to, or cannot, promptly correct the violation.
(4)The violation cited is of subdivision (a) of Section 27150 or of subdivision (a) of Section 27151.
(c)If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d)Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owners or operators address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.
SEC. 5.This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
SECTION 1.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
|
Date
|
Status
|
|---|---|
| Jun 27, 2018 | Chaptered by Secretary of State - Chapter 38, Statutes of 2018. |
| Jun 27, 2018 | Approved by the Governor. |
| Jun 18, 2018 | Enrolled and presented to the Governor at 3:45 p.m. |
| Jun 14, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 16 pursuant to Assembly Rule 77. |
| Jun 14, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jun 13, 2018 | From committee: Do pass. (Ayes 13. Noes 3.) (June 13). |
| Jun 11, 2018 | 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. |
| May 24, 2018 | Referred to Com. on B. & F.R. |
| May 10, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 10, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 8, 2018 | Read second time. Ordered to third reading. |
| May 7, 2018 | Assembly Rule 96 suspended. |
| Jan 29, 2018 | Referred to Com. on BUDGET. |
| Jan 11, 2018 | From printer. May be heard in committee February 10. |
| Jan 10, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 14, 2018 | AB 1824 BUDGET Concurrence in Senate Amendments By TING | Assembly Floor |
Passed |
|
| Jun 14, 2018 | Assembly 3rd Reading AB1824 BUDGET (Ting) By Mitchell | Senate Floor |
Passed |
|
| Jun 13, 2018 | Do pass | Senate Standing Committee on Budget and Fiscal Review |
Passed |
|
| May 10, 2018 | AB 1824 BUDGET Assembly Third Reading By TING | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1824
Author:(Committee on Budget)
As Amended Ver:June 11, 2018
Majority vote. Budget Bill Appropriation Takes Effect Immediately
ASSEMBLY: |
| (May 10, 2018) | SENATE: | 31-6 | (June 14, 2018) |
(vote not relevant)
Original Committee Reference: BUDGET
SUMMARY: This trailer bill makes statutory changes related to general government and transportation necessary to implement the Budget Act of 2018. Specifically, this bill:
- Requires the Department of Veterans Affairs to prepare its Master Plan for the state's eight Veterans Homes by December 31, 2019 instead of July 1, 2019, and to update the plan every five years. Also, requires the Master Plan to include consideration and discussion of certain specified elements.
- Requires the Secretary of State to use funds appropriated in the 2018 Budget Act to reimburse counties for the replacement of their voting systems, as specified.
- Prohibits issuing a minor "fix it" ticket to cars that have modified mufflers to increase noise or exhaust systems that make unusual or excessive noise.
- Requires the California Victim Compensation Board to consider, until December 31, 2019, whether the victim or derivative victim incurs emotional harm or a pecuniary loss as a result of the identification of the "East Area Rapist," also known as the "Golden State Killer," as person suspected of committing certain homicide and sexual assault crimes. The bill would specify, for purposes of this provision, that "emotional harm" includes, but is not limited to, harm incurred while preparing to testify.
- Makes an appropriation by expanding the scope of provisions authorizing certain uses of continuously appropriated funds from the Restitution Fund.
Analysis Prepared by: Farra Bracht / BUDGET / (916) 319-2099 FN: 0003501
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1824
:
SENATE BUDGET & FISCAL REVIEW COMMITTEE: 13-3, 6/13/18
AYES: Mitchell, Beall, Glazer, McGuire, Monning, Moorlach, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wilk
NOES: Nielsen, Anderson, Stone
NO VOTE RECORDED: Jackson
ASSEMBLY FLOOR: Not relevant
DIGEST:
This bill makes various statutory changes necessary to implement the provisions of the Budget Act of 2018.
Existing law:
- Requires the Department of Veterans Affairs to prepare a master plan for overall operations of the veterans’ home system, as specified, by no later than July 1, 2019. Existing law specifies that the development of the master plan should include a stakeholder process that includes, among other things, an assessment of the current and projected long-term care needs of California’s veterans and a discussion of how veterans with complex mental and behavioral health needs will be accommodated.
- Authorizes, in the Voting Modernization Bond Act of 2002 a county to apply to the Voting Modernization Board for money from the proceeds of the sale of bonds for the following purposes: (1) to pay for or purchase new voting systems that are certified or conditionally approved by the Secretary of State, (2) to research and develop new voting systems, or (3) to manufacture the minimum number of voting system units reasonably necessary to test and seek certification or conditional approval of the voting system, or test and demonstrate the capabilities of a voting system in a pilot program.
- Provides for the compensation of victims and derivative victims, of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed within certain time periods, as specified.
This bill makes the following statutory changes to implement the 2018-19 budget:
Department of Veterans Affairs
- Requires the master plan for the overall operations of the veterans’ home system to be prepared by December 31, 2019.
- Requires the master plan to be revised and updated every five years.
- Requires the master plan to include consideration and discussion of certain specified elements.
Secretary of State
- Requires the Secretary of State to use funds appropriated in the Budget Act of 2018 for voting system replacement to award contracts to counties that would reimburse the counties for funds the counties spent on specified activities.
- Requires the Secretary of State to allocate funds for those contracts based on specified criteria, and that the reimbursement funds be matched by a county on a dollar-for-dollar basis.
Victim’s Compensation Board
- Requires the board to consider, until December 31, 2019, whether the victim or derivative victim incurs emotional harm or pecuniary loss as a result of the delayed identification of the “East Area Rapist,” also known as the “Golden State Killer.”
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Budget and Fiscal Review Committee, this bill expands the scope of provisions authorizing certain uses of continuously appropriated funds, thus making an appropriation.
None received
OPPOSITION: (Verified 6/12/18)
None received
Prepared by: Dr. Renita Polk / B. & F.R. /
6/13/18 14:59:44
**** END ****
SENATE COMMITTEE ON
Senator Holly Mitchell, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 13, 2018
Author: | Committee on Budget | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: State government
Summary:
This measure makes various statutory changes necessary to implement the provisions of the Budget Act of 2018.
Background:
Assembly Bill 1824 makes various statutory changes to implement the 2018-19 budget.
Existing law requires the Department of Veterans Affairs to prepare a master plan for overall operations of the veterans’ home system, as specified, by no later than July 1, 2019. Existing law specifies that the development of the master plan should include a stakeholder process that includes, among other things, an assessment of the current and projected long-term care needs of California’s veterans and a discussion of how veterans with complex mental and behavioral health needs will be accommodated.
The Voting Modernization Bond Act of 2002 authorizes a county to apply to the Voting Modernization Board for money from the proceeds of the sale of bonds for the following purposes: (1) to pay for or purchase new voting systems that are certified or conditionally approved by the Secretary of State, (2) to research and develop new voting systems, or (3) to manufacture the minimum number of voting system units reasonably necessary to test and seek certification or conditional approval of the voting system, or test and demonstrate the capabilities of a voting system in a pilot program.
Existing law provides for the compensation of victims and derivative victims, of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed within certain time periods, as specified.
Proposed Law:
AB 1824 makes the following statutory changes to implement the 2018-19 budget.
Department of Veterans Affairs
- Requires the master plan for the overall operations of the veterans’ home system to be prepared by December 31, 2019.
- Requires the master plan to be revised and updated every five years.
- Requires the master plan to include consideration and discussion of certain specified elements.
Secretary of State
- Requires the Secretary of State to use funds appropriated in the Budget Act of 2018 for voting system replacement to award contracts to counties that would reimburse the counties for funds the counties spent on specified activities.
- Requires the Secretary of State to allocate funds for those contracts based on specified criteria, and that the reimbursement funds be matched by a county on a dollar-for-dollar basis.
Victim’s Compensation Board
- Requires the board to consider, until December 31, 2019, whether the victim or derivative victim incurs emotional harm or pecuniary loss as a result of the delayed identification of the “East Area Rapist,” also known as the “Golden State Killer.”
Fiscal Effect:
The bill expands the scope of provisions authorizing certain uses of continuously appropriated funds, thus making an appropriation.
Support:
None on file.
Opposed:
None on file.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1824
Author:(Committee on Budget)
As Introduced Ver:January 10, 2018
Majority vote
SUMMARY: This bill expresses the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
Analysis Prepared by: Christian Griffith / BUDGET / (916) 319-2099 FN: 0002838
Discussed in Hearing
4MIN
Assembly Floor
2MIN
Senate Floor
2MIN
Senate Standing Committee on Budget and Fiscal Review
Bill Author
Bill Co-Author(s):