Bill Text: CA SB1039 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State government: Business, Consumer Services, and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-17 - Chaptered by Secretary of State. Chapter 147, Statutes of 2012. [SB1039 Detail]

Download: California-2011-SB1039-Amended.html

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BILL NUMBER: SB 1039	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 2, 2012
	AMENDED IN ASSEMBLY  JUNE 25, 2012

INTRODUCED BY    Committee on Budget and Fiscal Review
  Senator   Steinberg 

                        FEBRUARY 6, 2012

    An act to amend Section 13115 of the Elections Code,
relating to elections, and making an appropriation therefor, to take
effect immediately, bill related to the budget.   An act
to amend Sections 100, 19404, 23050, and 23075 of the Business and
Professions Code, to amend Section 300 of the Financial Code, to
amend Sections 8870.1, 8870.2, 11535, 11546.1, 11550, 12800, 12804.5,
12855, 12856, 12901, 12944, and 13978.6 of, and to add Section 12804
to, the Government Code, and to amend Sections 50400, 50901, and
50913 of, and to add Section 50407.5 to, the Health and Safety Code,
relating to state government. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1039, as amended,  Committee on Budget and Fiscal
Review   Steinberg .  Elections: ballot
order for statewide measures.   State government:
Business, Consumer Services, and Housing Agency.  
   Under existing law, the executive branch of state government
includes the State and Consumer Services Agency. Under existing law,
the State and Consumer Services Agency is comprised of the Department
of General Services, the Department of Consumer Affairs, the
Franchise Tax Board, the Public Employees' Retirement System, the
State Teachers' Retirement System, the Department of Fair Employment
and Housing, the Fair Employment and Housing Commission, the
California Science Center, the California Victim Compensation and
Government Claims Board, the California African-American Museum, the
California Building Standards Commission, the Alfred E. Alquist
Seismic Safety Commission, and the Office of Privacy Protection.
 
   This bill would eliminate the State and Consumer Services Agency
and instead establish in state government the Business, Consumer
Services, and Housing Agency, comprised of the Department of Consumer
Affairs, the Department of Housing and Community Development, the
Department of Fair Employment and Housing, the Department of Business
Oversight, the Department of Alcoholic Beverage Control, the
Alcoholic Beverage Control Appeals Board, the California Horse Racing
Board, and the Alfred E. Alquist Seismic Safety Commission. The bill
would make conforming changes necessary to effectuate certain
provisions of the Governor's Reorganization Plan No. 2 of 2012. 

   The bill would require, notwithstanding these changes, the
Department of Housing and Community Development, the Department of
Transportation, and the California Transportation Commission to
coordinate state housing and transportation policies and programs.
 
   This bill would provide that certain provisions of this bill shall
prevail over specified provisions of the Governor's Reorganization
Plan No. 2 of 2012, regardless of the dates on which this bill and
the plan take effect.  
   This bill would provide that its provisions shall become operative
only if the Governor's Reorganization Plan No. 2 of 2012 becomes
effective.  
   This bill would provide that its provisions shall become operative
on July 1, 2013.  
   Existing law specifies the order in which statewide ballot
measures are required to appear on the ballot.  
   This bill would require that bond measures and constitutional
amendments, including those proposed by initiative, appear on the
ballot before all other legislative, initiative, and referendum
measures.  
   This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.

   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 100 of the   Business
and Professions Code   is amended to read: 
   100.  There is in the state government, in the  State and
  Business,  Consumer Services  , and Housing
 Agency, a Department of Consumer Affairs.
   SEC. 2.    Section 19404 of the   Business
and Professions Code   is amended to read: 
   19404.  "Board" means the California Horse Racing Board 
within the Business, Consumer Services, and Housing Agency  .
   SEC. 3.    Section 23050 of the   Business
and Professions Code   is amended to read: 
   23050.  There is in the  State Government  
state government, in the Business, Consumer Services, and Housing
Agency,  a Department of Alcoholic Beverage Control. The
department shall be administered through a civil executive officer
who shall be known as the Director of Alcoholic Beverage Control. The
director shall be appointed and shall serve as provided in Section
22 of Article XX of the Constitution and shall receive an annual
salary as provided for by Chapter 6 of Part 1 of Division 3 of Title
2 of the Government Code.
   SEC. 4.    Section 23075 of the   Business
and Professions Code   is amended to read: 
   23075.  There is in the state government  , in the Business,
Consumer Services, and Housing Agency,  an Alcoholic Beverage
Control Appeals Board the members of which shall be appointed and
shall serve as provided in Section 22 of Article XX of the
Constitution, and shall receive an annual salary as provided for by
Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code.
   SEC. 5.    Section 300 of the   Financial
Code   is amended to read: 
   300.  (a) In this section:
   (1) "Business and industrial development corporation" means a
corporation licensed under Division 15 (commencing with Section
31000).
   (2) "Payment instrument" has the same meaning as set forth in
Section 33059.
   (3) "Traveler's check" has the same meaning as set forth in
Section 1803.
   (b) There is in the state government, in the Business, 
Transportation  Consumer Services,  and Housing
Agency, a Department of  Financial Institutions 
 Business Oversight,  which has charge of the execution of,
among other laws, the laws of this state relating to any of the
following: (1) banks or trust companies or the banking or trust
business; (2) savings associations or the savings association
business; (3) credit unions or the credit union business; (4) persons
who engage in the business of receiving money for transmission to
foreign nations or such business; (5) issuers of traveler's checks or
the traveler's check business; (6) issuers of payment instruments or
the payment instrument business; (7) business and industrial
development corporations or the business and industrial development
corporation business, or (8) insurance premium finance agencies or
the insurance premium finance business.
   SEC. 6.    Section 8870.1 of the  
Government Code   is amended to read: 
   8870.1.  (a) (1) There is created in the state government the
Alfred E. Alquist Seismic Safety Commission as an independent unit
within the  State and   Business,  Consumer
Services  , and Housing  Agency.
   (2) Any reference in statute or regulation to the Seismic Safety
Commission shall be deemed to refer to the Alfred E. Alquist Seismic
Safety Commission.
   (b) The commission shall report annually to the Governor and to
the Legislature on its findings, progress, and recommendations
relating to earthquake hazard reduction, and any other seismic safety
issues, as requested by the Governor or the Legislature.
   SEC. 7.    Section 8870.2 of the  
Government Code   is amended to read: 
   8870.2.  (a) The Alfred E. Alquist Seismic Safety Commission shall
consist of 15 members appointed by the Governor and confirmed by the
Senate, one member representing the  California 
 Office of  Emergency  Management Agency 
 Services  , one member representing the Division of the
State Architect in the Department of General Services, one member
representing the California  State  Building
Standards Commission, one member appointed by the Senate 
Committee on  Rules  Committee  , and one
member appointed by the Speaker of the Assembly. The commission shall
elect annually from its membership its own chairperson and vice
chairperson and may replace them with other commissioners by majority
vote. Commission members shall be residents of California.
   (b) A quorum shall consist of 11 members if there are no
vacancies, or else a majority of the members of the commission at the
time.
   (c) The Legislature declares that the individuals appointed to the
commission are intended to represent the professions of
architecture, planning, fire protection, public utilities, structural
engineering, geotechnical engineering, geology, seismology, local
government, insurance, social services, emergency services, and the
Legislature and that such representation serves the public interest.
Accordingly, the Legislature finds that for purposes of persons who
hold this office the specified professions are tantamount to and
constitute the public generally within the meaning of Section 87103.
   (d) The commission exists as a separate unit within the 
State and   Business,  Consumer Services  , and
Housing  Agency, and has the functions of prescribing policy,
holding meetings and setting dates of the meetings, conducting
investigations, and holding hearings insofar as those powers are
given by statute to the commission.
   (e) The decisions and actions of the commission, with respect to
exercising its authority and carrying out its duties under this
chapter, or any other applicable law, are not subject to review by
the Secretary of  the State and   Business,
 Consumer Services  Agency   ,  
and Housing  , but are final within the limits provided by this
chapter.
   (f) The Legislature further declares that the highest level of
service that the individuals appointed to the commission can provide
to the residents of California is to offer professional, unbiased,
scientifically based advice to the Governor and the Legislature. To
maintain this quality of service, it is imperative that the
commission retain its functional autonomy and access to the Governor
and the Legislature. As such, the commission shall retain its
existing authority to issue reports, publications, and literature, as
well as to sponsor legislation, and to take official positions on
proposed state and federal legislation.
   SEC. 8.    Section 11535 of the   Government
Code   is amended to read: 
   11535.  (a) There is, in the  Office  
Department  of Technology  Services  , the
Technology Services Board.
   (b) The board shall consist of 13 members, as follows:
   (1) The  Secretary   Director  of
 California  Technology, who shall serve as the
chair of the board.
   (2) The Director of Finance, who shall serve as vice chair of the
board.
   (3) The Controller.
   (4) The Secretary of Food and Agriculture, the Secretary of
 Business,  Transportation  and Housing
 , the Secretary of the Department of Corrections and
Rehabilitation, the Secretary for Environmental Protection, the
Secretary of California Health and Human Services, the Secretary of
Labor and Workforce Development, the Secretary of the Natural
Resources Agency, the Secretary of  State and  
Business,  Consumer Services,  and Housing,  and the
Secretary of Veterans Affairs.
   (5) The  Secretary   Director  of
 California  Emergency  Management 
 Services  .
   SEC. 9.    Section 11546.1 of the  
Government Code   is amended to read: 
   11546.1.  The  California   Department of
 Technology  Agency  shall improve the
governance and implementation of information technology by
standardizing reporting relationships, roles, and responsibilities
for setting information technology priorities.
   (a) (1) Each state agency shall have a chief information officer
who is appointed by the head of the state agency, or by the head's
designee, subject to the approval of the  California
  Department of  Technology  Agency
 .
   (2) A chief information officer appointed under this subdivision
shall do all of the following:
   (A) Oversee the information technology portfolio and information
technology services within his or her state agency through the
operational oversight of information technology budgets of
departments, boards, bureaus, and offices within the state agency.
   (B) Develop the enterprise architecture for his or her state
agency, subject to the review and approval of the  California
  Department of  Technology  Agency
 , to rationalize, standardize, and consolidate information
technology applications, assets, infrastructure, data, and procedures
for all departments, boards, bureaus, and offices within the state
agency.
   (C) Ensure that all departments, boards, bureaus, and offices
within the state agency are in compliance with the state information
technology policy.
   (b) (1) Each state entity shall have a chief information officer
who is appointed by the head of the state entity.
   (2) A chief information officer appointed under this subdivision
shall do all of the following:
   (A) Supervise all information technology and telecommunications
activities within his or her state entity, including, but not limited
to, information technology, information security, and
telecommunications personnel, contractors, systems, assets, projects,
purchases, and contracts.
   (B) Ensure the entity conforms with state information technology
and telecommunications policy and enterprise architecture.
   (c) Each state agency shall have an information security officer
appointed by the head of the state agency, or the head's designee,
subject to the approval by the  California  
Department of  Technology  Agency  . The state
agency's information security officer appointed under this
subdivision shall report to the state agency's chief information
officer.
   (d) Each state entity shall have an information security officer
who is appointed by the head of the state entity. An information
security officer shall report to the chief information officer of his
or her state entity. The  California  
Department of  Technology  Agency  shall
develop specific qualification criteria for an information security
officer. If a state entity cannot fund a position for an information
security officer, the entity's chief information officer shall
perform the duties assigned to the information security officer. The
chief information officer shall coordinate with the 
California  Department of  Technology 
Agency  for any necessary support.
   (e) (1) For purposes of this section, "state agency" means the
 Business,  Transportation  and Housing
 Agency, Department of Corrections and Rehabilitation,
Department of Veterans Affairs,  State and  
Business,  Consumer Services  , and Housing  Agency,
Natural Resources Agency, California Health and Human Services
Agency, California Environmental Protection Agency, Labor and
Workforce Development Agency, and Department of Food and Agriculture.

   (2) For purposes of this section, "state entity" means an entity
within the executive branch that is under the direct authority of the
Governor, including, but not limited to, all departments, boards,
bureaus, commissions, councils, and offices that are not defined as a
"state agency" pursuant to paragraph (1).
   (f) A state entity that is not defined under subdivision (e) may
voluntarily comply with any of the requirements of Sections 11546.2
and 11546.3 and may request assistance from the  California
  Department of  Technology  Agency
 to do so.
   SEC. 10.    Section 11550 of the  
Government Code   is amended to read: 
   11550.  (a) Effective January 1, 1988, an annual salary of
ninety-one thousand fifty-four dollars ($91,054) shall be paid to
each of the following:
   (1) Director of Finance.
   (2) Secretary of  Business,  Transportation
 and Housing  .
   (3) Secretary of the  Natural  Resources Agency.
   (4) Secretary of California Health and Human Services.
   (5) Secretary of  State and   Business, 
Consumer Services  , and Housing  .
   (6) Commissioner of the California Highway Patrol.
   (7) Secretary of the Department of Corrections and Rehabilitation.

   (8) Secretary of Food and Agriculture.
   (9) Secretary of Veterans Affairs.
   (10) Secretary of Labor and Workforce Development. 
   (11) State Chief Information Officer.  
   (12) 
    (11)  Secretary for Environmental Protection. 
   (13) 
    (12)  Secretary of  California Emergency
Management   Government Operations  .
   (b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
   SEC. 11.    Section 12800 of the  
Government Code   is amended to read: 
   12800.   (a)    There are in the state
government the following agencies:  State and  
Business,  Consumer Services  , and Housing  ; 
Business,  Transportation  and Housing  ;
 California Emergency Management;  California
Environmental Protection; California Health and Human Services; Labor
and Workforce Development; Natural Resources;  Government
Operations;  and  Youth and Adult Correctional 
 Corrections and Rehabilitation  . 
   Whenever the term "Agriculture and Services Agency" appears in any
law, it means the "State and Consumer Services Agency," and whenever
the term "Secretary of Agriculture and Services Agency" appears in
any law, it means the "Secretary of State and Consumer Services."
 
   Whenever the term "Business and Transportation Agency" appears in
any law, it means the "Business, Transportation and Housing Agency,"
and whenever the term "Secretary of the Business and Transportation
Agency" appears in any law, it means the "Secretary of Business,
Transportation and Housing."  
   Whenever the term "Health and Welfare Agency" appears in any law,
it means the "California Health and Human Services Agency," and
whenever the term "Secretary of the Health and Welfare Agency"
appears in any law, it means the "Secretary of California Health and
Human Services." 
   Whenever the term "Resources Agency" appears in any law, it means
the "Natural Resources Agency," and whenever the term "Secretary of
the Resources Agency" appears in any law, it means the "Secretary of
the Natural Resources Agency."  
   (b) The secretary of an agency shall be generally responsible for
the sound fiscal management of each department, office, or other unit
within the agency. The secretary shall review and approve the
proposed budget of each department, office, or other unit. The
secretary shall hold the head of each department, office, or other
unit responsible for management control over the administrative,
fiscal, and program performance of his or her department, office, or
other unit. The secretary shall review the operations and evaluate
the performance at appropriate intervals of each department, office,
or other unit, and shall seek continually to improve the organization
structure, the operating policies, and the management information
systems of each department, office, or other unit. 
   SEC. 12.    Section 12804 is added to the  
Government Code   , to read:  
   12804.  (a) There is in the state government the Business,
Consumer Services, and Housing Agency.
   (b) The Business, Consumer Services, and Housing Agency shall
consist of the following: the Department of Consumer Affairs, the
Department of Housing and Community Development, the Department of
Fair Employment and Housing, the Department of Business Oversight,
the Department of Alcoholic Beverage Control, the Alcoholic Beverage
Control Appeals Board, the California Horse Racing Board, and the
Alfred E. Alquist Seismic Safety Commission. 
   SEC. 13.    Section 12804.5 of the  
Government Code   is amended to read: 
   12804.5.  The Secretary of  the State and  
Business,  Consumer Services  Agency   ,
and Housing  is hereby authorized to develop programs for
technical and fiscal assistance to facilitate nonprofit, self-help
community vegetable gardens and related supporting activities.
   SEC. 14.    Section 12855 of the  
Government Code   is amended to read: 
   12855.  For the purpose of this chapter, "agency" means the
 State and   Business,  Consumer Services
 , and Housing  Agency,  the California Environmental
Protection Agency,  the  California  Health and
 Welfare   Human Services  Agency, 
or  the  Natural  Resources Agency,  the Labor
and Workforce Development Agency, the Government Operations Agency,
the Transportation Agency,  or  the Youth and Adult
Correctional Agency   the Corrections and Rehabilitation
Agency  , and "secretary" means the secretary of any such
agency.  The general powers of the Business, Transportation
and Housing Agency and its secretary are those specified in Part 4.5
(commencing with Section 13975). 
   SEC. 15.    Section 12856 of the  
Government Code   is amended to read:
   12856.  In addition to any other provision of law, the Secretary
of  the State and   Business,  Consumer
Services  Agency   , and Housing  may
appoint an assistant, who is exempt from the civil service laws. The
secretary shall prescribe the duties of  such  
the appointed  assistant and shall fix the salary of such
assistant subject to the approval of the Director of Finance.
 Such   The appointed  assistant shall
serve at the pleasure of the secretary.
   SEC. 16.    Section 12901 of the  
Government Code   is amended to read: 
   12901.  There is in the state government, in the  State
and   Business,  Consumer Services  , and
Housing  Agency, the Department of Fair Employment and Housing.
The department is under the direction of an executive officer known
as the Director of Fair Employment and Housing, who is appointed by
the Governor, subject to confirmation by the Senate, and who holds
office at the pleasure of the Governor. The annual salary of the
director is provided for by Chapter 6 (commencing with Section 11550)
of Part 1 of Division 3 of Title 2.
   SEC. 17.    Section 12944 of the  
Government Code   is amended to read: 
   12944.  (a) It shall be unlawful for a licensing board to require
any examination or establish any other qualification for licensing
that has an adverse impact on any class by virtue of its race, creed,
color, national origin or ancestry, sex, gender, gender identity,
gender expression, age, medical condition, genetic information,
physical disability, mental disability, or sexual orientation, unless
the practice can be demonstrated to be job related.
   Where the commission, after hearing, determines that an
examination is unlawful under this subdivision, the licensing board
may continue to use and rely on the examination until such time as
judicial review by the superior court of the determination is
exhausted.
   If an examination or other qualification for licensing is
determined to be unlawful under this section, that determination
shall not void, limit, repeal, or otherwise affect any right,
privilege, status, or responsibility previously conferred upon any
person by the examination or by a license issued in reliance on the
examination or qualification.
   (b) It shall be unlawful for a licensing board to fail or refuse
to make reasonable accommodation to an individual's mental or
physical disability or medical condition.
   (c) It shall be unlawful for any licensing board, unless
specifically acting in accordance with federal equal employment
opportunity guidelines or regulations approved by the commission, to
print or circulate or cause to be printed or circulated any
publication, or to make any non-job-related inquiry, either verbal or
through use of an application form, which expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, sex, gender, gender identity, gender expression, age, or
sexual orientation or any intent to make any such limitation,
specification, or discrimination. Nothing in this subdivision shall
prohibit any licensing board from making, in connection with
prospective licensure or certification, an inquiry as to, or a
request for information regarding, the physical fitness of applicants
if that inquiry or request for information is directly related and
pertinent to the license or the licensed position the applicant is
applying for. Nothing in this subdivision shall prohibit any
licensing board, in connection with prospective examinations,
licensure, or certification, from inviting individuals with physical
or mental disabilities to request reasonable accommodations or from
making inquiries related to reasonable accommodations.
   (d) It is unlawful for a licensing board to discriminate against
any person because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (e) It is unlawful for any licensing board to fail to keep records
of applications for licensing or certification for a period of two
years following the date of receipt of the applications.
   (f) As used in this section, "licensing board" means any state
board, agency, or authority in the  State and  
Business,  Consumer Services  , and Housing  Agency
that has the authority to grant licenses or certificates which are
prerequisites to employment eligibility or professional status.
   SEC. 18.    Section 13978.6 of the  
Government Code   is amended to read: 
   13978.6.  (a) The Secretary of the Business, Transportation and
Housing Agency shall be generally responsible for the sound fiscal
management of each department, office, or other unit within the
agency. The secretary shall review and approve the proposed budget of
each department, office, or other unit. The secretary shall hold the
head of each department, office, or other unit responsible for
management control over the administrative, fiscal, and program
performance of his or her department, office, or other unit. The
secretary shall review the operations and evaluate the performance at
appropriate intervals of each department, office, or other unit, and
shall seek continually to improve the organization structure, the
operating policies, and the management information systems of each
department, office, or other unit.
   (b) 
    13978.6.    (a)    There is in the
Business,  Transportation, and Housing  
Consumer Services, and Housing  Agency a Department of 
Business Oversight containing the Division of  Corporations,
which has the responsibility for administering various laws. In order
to effectively support the  Department  
Division  of Corporations in the administration of these laws,
there is hereby established the State Corporations Fund. All expenses
and salaries of the  Department   Division
 of Corporations shall be paid out of the State Corporations
Fund. Therefore, notwithstanding any provision of any law
administered by the  Department   Division 
of Corporations declaring that fees, reimbursements, assessments, or
other money or amounts charged and collected by the 
Department   Division  of Corporations under these
laws are to be delivered or transmitted to the Treasurer and
deposited to the credit of the General Fund,  on and after
July 1, 1992,  all fees, reimbursements, assessments, and
other money or amounts charged and collected under these laws
 and attributable to the 1992-93 fiscal year and subsequent
fiscal years  shall be delivered or transmitted to the
Treasurer and deposited to the credit of the State Corporations Fund.

   (c) 
    (b)  Funds appropriated from the State Corporations Fund
and made available for expenditure for any law or program of the
 Department   Division  of Corporations may
come from the following:
   (1) Fees and any other amounts charged and collected pursuant to
Section 25608 of the Corporations Code, except for fees and other
amounts charged and collected pursuant to subdivisions (o) to (r),
inclusive, of Section 25608 of the Corporations Code.
   (2) Fees collected pursuant to subdivisions (a), (b), (c), and (d)
of Section 25608.1 of the Corporations Code.
   SEC. 19.    Section 50400 of the   Health
and Safety Code   is amended to read: 
   50400.  The Department of Housing and Community Development is
hereby continued in existence in the Business, 
Transportation,   Consumer Services,  and Housing
Agency.
   SEC. 20.    Section 50407.5 is added to the 
 Health and Safety Code   , to read:  
   50407.5.  Notwithstanding the transfer of the department from the
Business, Transportation, and Housing Agency to the Business,
Consumer Services, and Housing Agency, the department, the Department
of Transportation, and the California Transportation Commission
shall coordinate state housing and transportation policies and
programs to help achieve state and regional planning priorities and
to maximize cobenefits of infrastructure investments. 
   SEC. 21.    Section 50901 of the   Health
and Safety Code   is amended to read: 
   50901.  The agency shall be administered by a board of directors
consisting of 11 voting members, including a chairperson selected by
the Governor from among his or her appointees. The  State
 Treasurer, the Secretary of  the 
Business,  Transportation and Housing Agency  
Consumer Services, and Housing  , and the Director of Housing
and Community Development, or their designees, shall be members, in
addition to six members appointed by the Governor, one member
appointed by the Speaker of the Assembly, and one member
                                  appointed by the Senate 
Rules  Committee  on Rules  . The Director of
Finance, the Director of  the State Office of 
Planning and Research, and the executive director of the agency shall
serve as nonvoting ex officio members of the board.
   SEC. 22.    Section 50913 of the   Health
and Safety Code   is amended to read: 
   50913.  For its activities under this division, the executive
director shall prepare a preliminary budget on or before December 1
of each year for the ensuing fiscal year to be reviewed by the
Secretary of  the  Business  and
Transportation Agency   , Consumer Services, and Housing
, the Director of Finance, and the Joint Legislative Budget
Committee.
   SEC. 23.    (a) Notwithstanding Section 12080.8 of
the Government Code or any other law, Sections 1 to 19, inclusive,
and Sections 21 and 22 of this act shall prevail over Sections 1, 23,
32, 33, 45, 158, 159, 178, 188, 196, 199, 202, 203, 207, 208, 209,
210, 215, 285, 287, and 288 of the Governor's Reorganization Plan No.
2 of 2012, regardless of the dates on which this act and that plan
take effect.  
   (b) This act, including subdivision (a), shall become operative
only if the Governor's Reorganization Plan No. 2 of 2012 becomes
effective.  
   (c) Except as otherwise provided in subdivision (b), Sections 1 to
22, inclusive, of this act shall become operative on July 1, 2013.
 
  SECTION 1.    (a) The Legislature finds and
declares that bond measures and constitutional amendments should have
priority on the ballot because of the profound and lasting impact
these measures can have on our state. Bond measures create debts
against the state treasury that obligate the resources of future
Californians. Constitutional amendments make changes to our state's
fundamental principles and protections. In recognition of their
significance, bond measures and constitutional amendments should be
placed at the top of the ballot to ensure that the voters can
carefully weigh the consequences of these important measures.
   (b) The Legislature further finds and declares that the Secretary
of State has received funding in the Budget Act of 2012, and an
appropriation contained herein, to provide direction to counties
regarding the preparation of ballots, and to prepare the ballot
pamphlet, in a manner that is consistent with the changes to the
Elections Code provided by this act.  
  SEC. 2.    Section 13115 of the Elections Code is
amended to read:
   13115.  The order in which all state measures that are to be
submitted to the voters shall appear upon the ballot is as follows:
   (a) Bond measures, including those proposed by initiative, in the
order in which they qualify.
   (b) Constitutional amendments, including those proposed by
initiative, in the order in which they qualify.
   (c) Legislative measures, other than those described in
subdivision (a) or (b), in the order in which they are approved by
the Legislature.
   (d) Initiative measures, other than those described in subdivision
(a) or (b), in the order in which they qualify.
   (e) Referendum measures, in the order in which they qualify.
 
  SEC. 3.    The sum of one thousand dollars
($1,000) is hereby appropriated from the General Fund to the
Secretary of State to implement the requirements of this act.
 
  SEC. 4.    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.