This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.

 THIRD READING  

Bill No: AB 73

Author: Committee on Budget

Amended: 1/30/19 in Assembly

Vote: 21

SENATE BUDGET & FISCAL REVIEW COMMITTEE: 15-0, 2/7/19

AYES: Mitchell, Nielsen, Beall, Durazo, Hurtado, Leyva, McGuire, Monning, Moorlach, Pan, Roth, Skinner, Stern, Umberg, Wieckowski

NO VOTE RECORDED: Jones, Morrell, Stone

ASSEMBLY FLOOR: 74-0, 2/4/19 - See last page for vote

SUBJECT: Privacy: lodging and common carriers: state emergencies: Disaster Response-Emergency Operations Account

SOURCE: Author

DIGEST:

This bill contains statutory provisions related to public safety and emergency operations necessary to implement the 2018 budget.

ANALYSIS: This bill, specifically:

1. Recreates the Disaster Response Emergency Operations Account (DREOA), which sunset on January 1, 2019, and allows the Director of Finance, subject to specified conditions and upon notification to the Legislature, to transfer money from the State’s Special Fund for Economic Uncertainties reserve to the DREOA for expenses related to a disaster declared by the Governor.
2. Clarifies provisions related to the DREOA by defining disaster response operations costs as those that are immediate and necessary to deal with an ongoing or emerging crisis.
3. Specifies that DREOA funds may be expended for activities that occur within 120 days after a proclamation of emergency by the Governor. Allows for the extension of this time limit in up to 120-day increments, but not past the end of the fiscal year in which the Director of Finance first gave notice of an extension.
4. Specifies that the prohibition on places of lodging, bus companies, movie theaters, sports arenas, and performance venues from handing over the name or identifying information of guests, passengers, or audience members, except to California peace officers or in response to a court-issued subpoena, warrant, or order, shall not be construed to prevent a government entity from requiring a private business to provide business records for public health, civil rights, or consumer protection investigations or investigations under the purview of the Public Utilities Commission.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No

According to the Senate Budget and Fiscal Review Committee, no fiscal impact on the state is anticipated from the adoption of this bill.

SUPPORT: (Verified 2/7/19)

None received

OPPOSITION: (Verified 2/7/19)

None received

ASSEMBLY FLOOR: 74-0, 2/4/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Carrillo, Chau, Chen, Chiu, Choi, Chu, Cooper, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Calderon, Cervantes, Cooley, Cunningham, Jones-Sawyer, Rodriguez

Prepared by: Joe Stephenshaw / B. & F.R. / 916-651-4103

2/8/19 12:16:34

**** END ****

SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW

Senator Holly Mitchell, Chair

2019 - 2020 Regular

Bill No: AB 73 Hearing Date: February 7, 2019

Subject: Privacy: lodging and common carriers: state emergencies: Disaster Response-Emergency Operations Account

Summary:

This bill contains statutory provisions related to public safety and emergency operations necessary to implement the 2018 budget.

Proposed Law:

Specifically, this bill:

1. Recreates the Disaster Response Emergency Operations Account (DREOA), which sunset on January 1, 2019, and allows the Director of Finance, subject to specified conditions and upon notification to the Legislature, to transfer money from the State’s Special Fund for Economic Uncertainties reserve to the DREOA for expenses related to a disaster declared by the Governor.
2. Clarifies provisions related to the DREOA by defining disaster response operations costs as those that are immediate and necessary to deal with an ongoing or emerging crisis.
3. Specifies that DREOA funds may be expended for activities that occur within 120 days after a proclamation of emergency by the Governor. Allows for the extension of this time limit in up to 120 day increments, but not past the end of the fiscal year in which the Director of Finance first gave notice of an extension.
4. Specifies that the prohibition on places of lodging, bus companies, movie theaters, sports arenas, and performance venues from handing over the name or identifying information of guests, passengers, or audience members, except to California peace officers or in response to a court-issued subpoena, warrant, or order, shall not be construed to prevent a government entity from requiring a private business to provide business records for public health, civil rights, or consumer protection investigation or investigations under the purview of the Public Utilities Commission.

Fiscal Effect:

No fiscal impact on the state is anticipated from the adoption of this bill.

Support:

None on file.

Opposed:

None on file.

Comments:

This budget trailer bill is part of a package of two bills related to emergency assistance and disaster response, with AB 72 (Committee on Budget) which amends the 2018 Budget Act.

This bill reestablishes the Disaster Response Emergency Operations Account (DREOA), which was part of the 2018 Budget Conference Committee agreement. The reauthorization of DREOA provides continued flexibility for the state to fund necessary emergency responses. The proposed language also allows for extensions of the authority to use DREOA funding as needed and for up to an additional 120 days at a time, until the end of a fiscal year.

This bill also clarifies provisions of SB 1194 (Lara), Chapter 853, Statutes of 2018, to ensure that government entities have access to necessary information when conducting certain investigations. This amendment addresses an unintended consequence and is necessary to ensure that any investigations that are currently underway are able to proceed accordingly.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 73

Author:(Committee on Budget)

As Amended Ver:January 29, 2019

Majority vote. Budget Bill Appropriation Takes Effect Immediately

SUMMARY:

Contains statutory provisions related to public safety and emergency operations necessary to implement the 2018 budget.

Major Provisions

1. Recreates the Disaster Response Emergency Operations Account, which sunset on January 1, 2019 and allows the Director of Finance the ability to transfer money from the State’s Special Fund for Economic Uncertainties reserve for expenses related to a disaster declared by the Governor;
2. Clarifies provisions related to the Disaster Response Emergency Operations Account (DREOA) by defining disaster response operations costs as those that are immediate and necessary to deal with an ongoing or emerging crisis;
3. Allows for an extension of this authority for us to 120 days;
   1. Requires notification to the Joint Legislative Budget Committee and the fiscal committees of the Assembly and the Senate where emergency response activities must continue beyond the 120-day period and must include the estimated additional amount of time needed and the reason requiring the additional time.
   2. Allows for additional extensions of this authority to be granted under certain circumstances; and
   3. Provides that extensions cannot exceed past the end of the fiscal year.
4. Expands the entities that can request passenger information from bus manifests to include investigations conducted by "government entities" for public health, civil rights, consumer protection and investigations under the purview of the Public Utilities Commission (PUC).

COMMENTS:

This budget trailer bill is part of a package of two bills related to emergency assistance and disaster response, with AB 72 (Budget Committee) of the current legislative session, which amends the 2018 budget act.

This bill contains an updated provision to disaster response language adopted in the 2018 Budget Conference Committee agreement that provides the Director of Finance financial flexibility in emergency response situations. The proposed language would reconstitute the Disaster Response Emergency Operations Account, which sunset on January 1, 2019. This fund allows the Director of Finance to transfer funding from the State’s reserve for expenses related to a declared emergency. The proposed language in this bill would provide this authority for 120 days after the emergency, but allow the Director of Finance to extend the authority for up 120 at a time, until the end of a fiscal year.

The bill also clarifies a provision in SB 1194 (Lara), Chapter 853, Statutes of 2018, to allow the sharing of bus manifest information with certain governmental organizations. One provision of SB 1194 prohibits the owner or operator, or agent thereof, of a private or charter bus company from disclosing, except to a California peace officer, all or any part of a passenger manifest record, by any means, to a third party without a court-issued subpoena, warrant, or order. This bill would expand the entities that could receive information to include public health, civil rights, consumer protection and investigations under the purview of the PUC.

According to the Author:

Arguments in Support:

Arguments in Opposition:

FISCAL COMMENTS:

No fiscal impact on the State is anticipated from the adoption of this bill.

VOTES:

ASM BUDGET: 28-0-4

YES: Ting, Obernolte, Arambula, Bloom, Chiu, Cooper, Fong, Frazier, Gallagher, Cristina Garcia, Jones-Sawyer, Lackey, Mathis, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Ramos, Reyes, Luz Rivas, Blanca Rubio, Mark Stone, Wicks, Wood

ABS, ABST OR NV: Brough, Limón, Maienschein, Weber

UPDATED:

VERSION: January 29, 2019

CONSULTANT: Christian Griffith / BUDGET / (916) 319-2099 FN: 0000018

Date of Hearing: January 29, 2019

ASSEMBLY COMMITTEE ON BUDGET

Philip Y. Ting, Chair

ABPCA Bill Id:AB 73 (

Author:Ting) – As Amended Ver:January 29, 2018

SUBJECT: Budget Act of 2019

SUMMARY: Contains statutory provisions related to public safety and emergency operations necessary to implement the 2018 budget. Specifically, this bill:

1. Recreates the Disaster Response Emergency Operations Account, which sunset on January 1, 2019 and allows the Director of Finance the ability to transfer money from the State’s Special Fund for Economic Uncertainties reserve for expenses related to a disaster declared by the Governor;
2. Clarifies provisions related to the Disaster Response Emergency Operations Account (DREOA) by defining disaster response operations costs as those that are immediate and necessary to deal with an ongoing or emerging crisis;
3. Allows for an extension of this authority for us to 120 days;
   1. Requires notification to the Joint Legislative Budget Committee and the fiscal committees of the Assembly and the Senate where emergency response activities must continue beyond the 120 day period and must include the estimated additional amount of time needed and the reason requiring the additional time.
   2. Allows for additional extensions of this authority to be granted under certain circumstances; and
   3. Provides that extensions cannot exceed past the end of the fiscal year.
4. Expands the entities that can request passenger information from bus manifests to include  investigations conducted by” government entities” for public health, civil rights, consumer protection and investigations under the purview of the PUC.

FISCAL EFFECT: No fiscal impact on the State is anticipated from the adoption of this bill.

COMMENTS: This budget trailer bill is part of a package of two bills related to emergency assistance and disaster response, with AB 72 (Committee on Budget) which amends the 2018 budget act.

This bill contains an updated provision to disaster response language adopted in the 2018 Budget Conference Committee agreement that provides the Director of Finance financial flexibility in emergency response situations. The proposed language would reconstitute the Disaster Response Emergency Operations Account, which sunset on January 1, 2019. This fund allows the Director of Finance to transfer funding from the State’s reserve for expenses related to a declared emergency. The proposed language in this bill would provide this authority for 120 days after the emergency, but allow the Director of Finance to extend the authority for up 120 at a time, until the end of a fiscal year.

The bill also clarifies a provision in SB 1194 (Lara, Chapter 853 of 2018) to allow the sharing of bus manifest information with certain governmental organizations. One provision of SB 1194 prohibits the owner or operator, or agent thereof, of a private or charter bus company from disclosing, except to a California peace officer, all or any part of a passenger manifest record, by any means, to a third party without a court-issued subpoena, warrant, or order. This bill would expand the entities that could receive information to include public health, civil rights, consumer protection and investigations under the purview of the PUC.

REGISTERED SUPPORT / OPPOSITION:

Support

None on File.

Opposition

None on File.

Analysis Prepared by: Christian Griffith / BUDGET / (916) 319-2099