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California State Auditor Report Number: 2015-701

Recommendations for the Legislature From Audits Issued During 2014 and 2015


Legislation Chaptered or Vetoed During the 2015–16 Regular Legislative Session

The table below briefly summarizes bills that were chaptered or vetoed during the first year of the 2015–16 Regular Legislative Session and relate to the subject of a California State Auditor’s (state auditor) report, were based in part on recommendations in a state auditor’s report, or the analysis of the bill relied in part on a state auditor’s report.

Legislation Chaptered or Vetoed in the 2015 Regular Session
Bill Number
(Chaptered or Vetoed)
(Abbreviated Title)
Summary of Legislation
Business and Professions
AB 522
2014‑116 Department of Consumer Affairs BreEZe System (February 2015) Would have required the Director of Technology by January 1, 2017, to develop a standardized contractor performance assessment report system to evaluate the performance of a contractor on any information technology contract or project reportable to the Department of Technology. This bill would also have required the Director of Technology to implement that evaluation system for all reportable information technology contracts and projects, and would have required that system to be used in addition to any other procurement procedures when evaluating or awarding those contracts or projects.
Elections and Redistricting
AB 1461
Ch. 729, Stats 2015
2012‑112 Help America Vote Act (August 2013) Requires the Secretary of State (SOS) and the Department of Motor Vehicles (DMV) to establish the California New Motor Voter Program, under which the DMV is required to electronically provide to the SOS the records of each person who applies for a driver’s license or state identification card or makes a specified notice to the DMV. The SOS is required to establish procedures to protect the confidentiality of the information acquired from the DMV. Finally, this statute requires the SOS to adopt regulations to implement this program.
Environmental Safety and Toxic Materials
AB 273
Ch. 456, Stats 2015
2013‑122 Department of Toxic Substances Control (August 2014) Until June 30, 2021, requires a specified monetary obligation owed to the Department of Toxic Substances Control to be subject to an interest rate of 7 percent per annum. After that date, the monetary obligation is subject to an interest rate of 10 percent per annum, except that, in the case of obligations of local governments, the rate after that date will remain at 7 percent per annum. The statute also allows the department to waive the interest if the obligation is satisfied within 60 days or if the person, within 45 days of receiving the notice, provides notice to the department disputing the obligation.
AB 274
Ch. 457, Stats 2015
2013‑122 Department of Toxic Substances Control (August 2014) Until January 1, 2019, defines the term “uncollectible account” as it relates to the recovery of oversight, response or corrective action costs taken pursuant to hazardous waste control laws. This statute also authorizes the Department of Toxic Substances Control not to pursue an uncollectible account and to write off or write down that uncollectible account.
AB 275
Ch. 458, Stats 2015
2013‑122 Department of Toxic Substances Control (August 2014) Applies a specified state law regarding a person’s liability for cost recovery to response and corrective actions pertaining to hazardous substances, and deletes the requirement that a portion of a judgment for costs and expenditures imposed for hazardous substances removal or remedial actions be paid from a specified state fund. This statute also allows a response or corrective action to be commenced either within a 3‑year period or, if operation and maintenance is required as part of the response or corrective action, within three years after completion of operation and maintenance has been certified by the department or a regional board.
AB 276
Ch. 459, Stats 2015
2013‑122 Department of Toxic Substances Control (August 2014) Authorizes the Department of Toxic Substances Control or a local officer or agency to require specified persons to furnish and transmit any information relating to those persons’ ability to pay for or perform a response action. The statute also permits the department or a local officer or agency authorized to enforce the Hazardous Waste Control Law to require any person who has information regarding the activities of a person specified above relating to hazardous substances, hazardous wastes, hazardous materials, and the ability of the specified person to pay for or perform a response action to furnish and transmit that information.
Governmental Organization
AB 670
Ch. 518, Stats 2015
2015-611 High Risk Update: Information Security (August 2015) Requires the California Department of Technology to conduct, or require to be conducted, no fewer than 35 independent security assessments of state agencies, departments or offices annually.
Health and Human Services
AB 403
Ch. 773, Stats 2015
2011‑101.1 Child Welfare Services (October 2011) Effective January 1, 2017, repeals certain provisions regarding training and services provided by group homes and foster family agencies, and establishes interim provisions. This statute also provides for licensure of a new type of community care facility called short term residential treatment centers and requires the Department of Social Services to provide periodic updates to the Legislature regarding the statute’s implementation.
AB 564
Ch. 500, Stats 2015
2014‑118 Department of Developmental Services Parental Fee (January 2015) Effective July 1, 2016, calculates monthly parental fees based on a percentage of the parents’ annual income and authorize a credit of the equivalent of one day of the monthly parental fee for each day a child spends six or more consecutive hours in a 24‑hour period on a home visit. The statute also specifies that appeals of a parental fee may be made only to dispute the family income used and the denial or amount of a credit. The statute further requires, for parents of children placed in 24‑hour out‑of‑home care prior to July 1, 2016, the monthly parental fee to be calculated at the time of the parents’ annual fee recalculation or within 60 days of a parental request for review by the department and receipt of the family’s completed family financial statement.
Higher Education
AB 340
2015‑032 Campus Crime Reporting (July 2015) Would have required the California Community Colleges Board of Governors and the California State University Trustees, and encouraged the University of California Regents, to each generate a report once every biennium of the legislative session, beginning with the 2017–2018 Regular Session that would have included, but not be limited to, new and recent administrative efforts intended to affect campus climate; recent campus program developments that impact campus climate related to specified demographics; and specified crime data.
AB 404
Ch. 623, Stats 2015
2013‑123 Community Colleges Accreditation (June 2014) Requires the California Community Colleges Board of Governors to conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report that reflects a system wide evaluation of the accrediting agency based on the criteria used to determine an accreditor’s status.
AB 636
Ch. 697, Stats 2015
2013‑124 California Universities: Sexual Harassment and Sexual Violence (June 2014) Requires a report by specified post‑secondary educational institutions to a local law enforcement agency to identify the alleged assailant of a Part 1 violent crime, sexual assault, or hate crime, even if the victim does not consent to being identified, if the institution determines that the alleged assailant represents a serious and ongoing threat to the safety of students, employees or the institution and the immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. This statute also requires the institution in such cases, as a condition of participation in a specified financial aid program, to disclose the identity of the alleged assailant to the local law enforcement agency and to immediately inform the victim of that disclosure.
AB 716
Ch. 252, Stats 2015
2012‑113 California State University’s Extended Education (December 2013) Provides that supplanting occurs when an institution reduces the number of state‑supported course offerings while increasing the number of self‑supporting versions of that course. The statute also requires, to the extent possible, that each campus ensure that a state‑supported course is offered for any course required as a condition of undergraduate degree completion for a state‑supported matriculated student, and prohibits all campuses from requiring a state‑supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state‑supported degree program.
AB 913
Ch. 701, Stats 2015
2013‑124 California Universities: Sexual Harassment and Sexual Violence (June 2014) Expands the existing written jurisdictional agreements between postsecondary educational institutions and local law enforcement to include responsibility for investigating sexual assaults and hate crimes, and, if necessary, requires the written agreements to be updated every five years.
AB 967
2013‑124 California Universities: Sexual Harassment and Sexual Violence (June 2014) Would have required, in order to receive state funds for student financial assistance, the governing board of each community college district, the California State University Trustees , the University of California Regents, and the governing board of each independent postsecondary institution to adopt and carry out a uniform process, applicable to each campus of the institution, for disciplinary proceedings relating to any claims of sexual assault. The bill would have additionally required, until December 31, 2021, in order to receive state funds for student financial assistance, the above‑named entities to report on or before October 1, 2017, and on an annual basis thereafter, specified data relating to cases of alleged sexual assault, domestic violence, dating violence, and stalking. Finally, the bill would have required that the information be reported in a manner that provides appropriate protections for the privacy of individuals involved, including, but not necessarily limited to, protection of the confidentiality of the alleged victim and of the alleged perpetrator.
SB 387
Ch. 537, Stats 2015
2015‑030 State Bar of California (June 2015) In part, provides that, in addition to written complaints received by the California State Bar, its Annual Discipline Report on backlog of cases must include other matters opened in the Office of the Chief Trial Counsel and pending beyond six months after receipt without the filing of notices of disciplinary charges, or the initiation of other disciplinary proceedings in the State Bar Court for the purpose of seeking the imposition of discipline against a member of the State Bar. The statute also requires the State Bar’s Annual Discipline Report to include the number, average pending time, and other specified information related to disciplinary cases and complaints.
Utilities and Commerce
SB 541
Ch. 718, Stats 2015
2013‑130 California Public Utilities Commission Charter‑Party Carriers (June 2014) In part, specifies that certain enforcement activities of the California Public Utilities Commission (commission) may also be performed by peace officers. The statute further requires the commission to assess its capabilities to carry out the specified activities and to report to the Legislature no later than January 1, 2017, including an analysis of current capabilities and deficiencies, and recommendations to overcome any deficiencies identified.

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