BILL NUMBER: SB 73 CHAPTERED
BILL TEXT
CHAPTER 341
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 20, 2009
An act to repeal and add Sections 17031.8, 17036, and 18114 of, to
repeal, add, and repeal Section 18502 of, the Health and Safety
Code, and to repeal and add Section 62.5 of the Labor Code, relating
to state fees.
LEGISLATIVE COUNSEL'S DIGEST
SB 73, Committee on Budget and Fiscal Review. State fees.
Under existing law, the Department of Housing and Community
Development is required to establish a schedule of fees to pay for
the cost of administration and enforcement of the Employee Housing
Act. The department is required to establish a schedule of fees that
includes, but is not limited to, specified minimum permit fees. The
department is authorized, on or after January 1, 2010, to increase
these specified fees, if necessary, to finance the costs of
administration and enforcement of the act. Existing law also requires
the department to gather certain information for permittees for
which it acts as the enforcement agency, except as specified.
The Mobilehome Parks Act requires the payment of various
registration and renewal fees to the department for a specified
section of a manufactured home, mobilehome, or commercial coach and
the payment of an annual operating permit fee, as specified.
Existing law, among other things, establishes the Labor
Enforcement and Compliance Fund in the State Treasury and requires
the Director of the Department of Industrial Relations to levy a
separate surcharge upon all employers for purposes of deposit in the
fund. Existing law requires that the total amount of the surcharges
be allocated between employers in proportion to payroll respectively
paid in the most recent year for which payroll information is
available, and requires the director to adopt reasonable regulations
governing the manner of collection of the surcharges.
This bill would repeal and reinstate these provisions of existing
law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17031.8 of the Health and Safety Code is
repealed.
SEC. 2. Section 17031.8 is added to the Health and Safety Code, to
read:
17031.8. (a) An agency that exercises the responsibility for the
enforcement of this part pursuant to Section 17050 shall submit to
the Department of Housing and Community Development, on forms
provided by the department, the information specified in subdivision
(c) by March 31 of each year regarding the previous calendar year.
(b) The Department of Housing and Community Development shall
gather the information specified in subdivision (c) for all
permittees for which it acts as the enforcement agency and include a
summary of the information from the permittees and enforcement
agencies in the annual report submitted pursuant to Section 50408
regarding housing programs administered by the department. This
subdivision shall be inoperative from July 1, 2009, to June 30, 2012,
inclusive.
(c) The following information shall be provided for purposes of
subdivisions (a) and (b) for the reporting year:
(1) The number and location of employee housing accommodations,
including the number of permits to operate issued for employee
housing accommodations.
(2) The number and location of inactive employee housing
accommodations.
(3) The number and location of employee housing accommodations
found operating without a permit.
(4) The number of employees occupying employee housing
accommodations with a permit.
(5) The number of employees occupying accommodations found to be
operating without a permit.
(6) The number and types of inspections and reinspections
performed.
(7) A schedule of fees charged, the amount of fees collected for
each type of fee charged and the total amount of fees collected.
(8) The number of complaints received during the reporting year
and the character of any violations found for each accommodation
operating under permit, operating without a permit, or inactive.
(9) The number and character of violations of this part and
regulations adopted pursuant to this part found during inspection of
each accommodation operating under permit, or operating without a
permit.
(10) The number of violations of this part and regulations adopted
pursuant to this part that resulted in civil citations.
(11) The number of cases referred to prosecutorial agencies such
as the Attorney General or local district attorneys, the number of
cases filed to enforce this part, and the amounts of all fines and
civil penalties collected as a result of the enforcement of this
part.
(12) The number of staff hours dedicated to the implementation of
the Employee Housing Act (Part 1 (commencing with Section 17000)).
(13) The number and location of employee housing receiving an
exemption pursuant to Section 17031, 17031.3, 17031.4, or 17033.
(d) The information specified in subdivision (c) shall be
maintained by the department and provided to members of the public
who have requested it in writing.
SEC. 3. Section 17036 of the Health and Safety Code is repealed.
SEC. 4. Section 17036 is added to the Health and Safety Code, to
read:
17036. (a) Except as provided in Section 18930, the department
shall adopt regulations that it determines are necessary for the
administration and enforcement of this part. The regulations adopted,
amended, or repealed shall prescribe reasonable requirements for
issuance of permits and establish procedures for suspension of
permits, including appeal procedures.
(b) The department shall establish a schedule of fees to pay for
the cost of administration and enforcement of this part, that
includes, but is not limited to, the following minimum permit fees:
(1) A two-hundred-dollar ($200) issuance fee for a permit to
operate employee housing for each employee housing facility.
(2) A twenty-seven-dollar ($27) permit operation fee for each
employee the operator intends to house where that housing is supplied
by the operator, and at least twenty-seven dollars ($27) for each
lot or site provided for parking or the placement of manufactured
homes, mobilehomes, or recreational vehicles or other accommodations
by employees.
(c) On or after January 1, 2010, the department may increase the
fees established pursuant to subdivision (b), if necessary, to
finance the costs of administration and enforcement of this part.
(d) The department may adopt additional regulations to facilitate
the development of employee housing pursuant to Sections 17021.5 and
17021.6.
SEC. 5. Section 18114 of the Health and Safety Code is repealed.
SEC. 6. Section 18114 is added to the Health and Safety Code, to
read:
18114. (a) A registration fee of twenty-three dollars ($23) shall
be due and payable to the department at the time of original
registration or renewal of registration for each transportable
section of a manufactured home, mobilehome, or commercial coach that
is subject to annual renewal.
(b) For a manufactured home, mobilehome, or truck camper that is
not subject to annual renewal, the registration fee of twenty-three
dollars ($23) shall be due for each transportable section at the time
of original registration and upon application for each subsequent
change, addition, or deletion of registered owners, legal owners, or
junior lienholders and shall be in addition to any other fees that
may be required by the application.
(c) A registration fee of forty-two dollars ($42) shall be charged
for each original application for registration of a floating home
and for each subsequent application to record a change, addition, or
deletion of registered owners, legal owners, or junior lienholders of
a floating home. This fee shall be in addition to any other fees
that may be required by the application.
(d) A registration fee is delinquent if not paid in accordance
with the following:
(1) On or before the expiration date of the previous registration
year for all annual renewals.
(2) Ten days after the date the transaction is complete, as
defined in subdivision (e) of Section 18080.5, for all transactions
by or through a dealer whenever a manufactured home, mobilehome, or
commercial coach is sold, rented, leased, leased with an option to
buy, or otherwise transferred, except that for registration fees due
because of annual renewal, the fee is delinquent after the expiration
date of the previous registration year.
(3) Except for dealer transactions, 20 days after the registration
fee became due for original registration required by subdivision
(a), and for registration fees required by subdivisions (b) and (c).
(e) A penalty of three dollars ($3) shall be added for each
registration fee that is delinquent. No penalty is due if the
application and required registration fees were placed in the United
States mail before midnight on the day before the fee became
delinquent, as evidenced by postmark or affidavit by the applicant.
SEC. 7. Section 18502 of the Health and Safety Code, as amended by
Section 18 of Chapter 12 of the 4th Extraordinary Session of the
Statutes of 2009, is repealed.
SEC. 8. Section 18502 is added to the Health and Safety Code, to
read:
18502. Fees as applicable shall be submitted for permits, as
follows:
(a) Fees for a permit to conduct any construction subject to this
part as determined by the schedule of fees adopted by the department.
(b) Plan checking fees equal to one-half of the construction,
plumbing, mechanical, and electrical permit fees, except that the
minimum fee shall be ten dollars ($10).
(c) (1) An annual operating permit fee of one hundred forty
dollars ($140) and an additional seven dollars ($7) per lot.
(2) An additional annual fee of four dollars ($4) per lot shall be
paid to the department or the local enforcement agency, as
appropriate, at the time of payment of the annual operating fee. All
revenues derived from this fee shall be used exclusively for the
inspection of mobilehome parks and mobilehomes to determine
compliance with the Mobilehome Parks Act (Part 2.1 (commencing with
Section 18200)) and any regulations adopted pursuant to the act.
(3) The Legislature hereby finds and declares that the health and
safety of mobilehome park occupants are matters of public interest
and concern and that the fee paid pursuant to paragraph (2) shall be
used exclusively for the inspection of mobilehome parks and
mobilehomes to ensure that the living conditions of mobilehome park
occupants meet the health and safety standards of this part and the
regulations adopted pursuant thereto. Therefore, notwithstanding any
other law or local ordinance, rule, regulation, or initiative measure
to the contrary, the holder of the permit to operate the mobilehome
park shall be entitled to directly charge one-half of the per lot
additional annual fee specified herein to each homeowner, as defined
in Section 798.9 of the Civil Code. In that event, the holder of the
permit to operate the mobilehome park shall be entitled to directly
charge each homeowner for one-half of the per lot additional annual
fee at the next billing for the rent and other charges immediately
following the payment of the additional fee to the department or
local enforcement agency.
(d) Change in name fee or transfer of ownership or possession fee
of ten dollars ($10).
(e) Duplicate permit fee or amended permit fee of ten dollars
($10).
(f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 9. Section 18502 of the Health and Safety Code, as amended by
Section 19 of Chapter 12 of the 4th Extraordinary Session of the
Statutes of 2009, is repealed.
SEC. 10. Section 18502 is added to the Health and Safety Code, to
read:
18502. Fees as applicable shall be submitted for permits, as
follows:
(a) Fees for a permit to conduct any construction subject to this
part as determined by the schedule of fees adopted by the department.
(b) Plan checking fees equal to one-half of the construction,
plumbing, mechanical, and electrical permit fees, except that the
minimum fee shall be ten dollars ($10).
(c) An annual operating permit fee of one hundred forty dollars
($140) and an additional seven dollars ($7) per lot.
(d) Change in name fee or transfer of ownership or possession fee
of ten dollars ($10).
(e) Duplicate permit fee or amended permit fee of ten dollars
($10).
(f) This section shall become operative on January 1, 2012.
SEC. 11. Section 62.5 of the Labor Code is repealed.
SEC. 12. Section 62.5 is added to the Labor Code, to read:
62.5. (a) (1) The Workers' Compensation Administration Revolving
Fund is hereby created as a special account in the State Treasury.
Money in the fund may be expended by the department, upon
appropriation by the Legislature, for all of the following purposes,
and may not be used or borrowed for any other purpose:
(A) For the administration of the workers' compensation program
set forth in this division and Division 4 (commencing with Section
3200), other than the activities financed pursuant to Section 3702.5.
(B) For the Return-to-Work Program set forth in Section 139.48.
(C) For the enforcement of the insurance coverage program
established and maintained by the Labor Commissioner pursuant to
Section 90.3.
(2) The fund shall consist of surcharges made pursuant to
paragraph (1) of subdivision (f).
(b) (1) The Uninsured Employers Benefits Trust Fund is hereby
created as a special trust fund account in the State Treasury, of
which the director is trustee, and its sources of funds are as
provided in paragraph (1) of subdivision (f). Notwithstanding Section
13340 of the Government Code, the fund is continuously appropriated
for the payment of nonadministrative expenses of the workers'
compensation program for workers injured while employed by uninsured
employers in accordance with Article 2 (commencing with Section 3710)
of Chapter 4 of Part 1 of Division 4, and shall not be used for any
other purpose. All moneys collected shall be retained in the trust
fund until paid as benefits to workers injured while employed by
uninsured employers. Nonadministrative expenses include audits and
reports of services prepared pursuant to subdivision (b) of Section
3716.1. The surcharge amount for this fund shall be stated
separately.
(2) Notwithstanding any other provision of law, all references to
the Uninsured Employers Fund shall mean the Uninsured Employers
Benefits Trust Fund.
(3) Notwithstanding paragraph (1), in the event that budgetary
restrictions or impasse prevent the timely payment of administrative
expenses from the Workers' Compensation Administration Revolving
Fund, those expenses shall be advanced from the Uninsured Employers
Benefits Trust Fund. Expense advances made pursuant to this paragraph
shall be reimbursed in full to the Uninsured Employers Benefits
Trust Fund upon enactment of the annual Budget Act.
(4) Any moneys from penalties collected pursuant to Section 3722
as a result of the insurance coverage program established under
Section 90.3 shall be deposited in the State Treasury to the credit
of the Workers' Compensation Administration Revolving Fund created
under this section, to cover expenses incurred by the director under
the insurance coverage program. The amount of any penalties in excess
of payment of administrative expenses incurred by the director for
the insurance coverage program established under Section 90.3 shall
be deposited in the State Treasury to the credit of the Uninsured
Employers Benefits Trust Fund for nonadministrative expenses, as
prescribed in paragraph (1), and notwithstanding paragraph (1), shall
only be available upon appropriation by the Legislature.
(c) (1) The Subsequent Injuries Benefits Trust Fund is hereby
created as a special trust fund account in the State Treasury, of
which the director is trustee, and its sources of funds are as
provided in paragraph (1) of subdivision (f). Notwithstanding Section
13340 of the Government Code, the fund is continuously appropriated
for the nonadministrative expenses of the workers' compensation
program for workers who have suffered serious injury and who are
suffering from previous and serious permanent disabilities or
physical impairments, in accordance with Article 5 (commencing with
Section 4751) of Chapter 2 of Part 2 of Division 4, and Section 4 of
Article XIV of the California Constitution, and shall not be used for
any other purpose. All moneys collected shall be retained in the
trust fund until paid as benefits to workers who have suffered
serious injury and who are suffering from previous and serious
permanent disabilities or physical impairments. Nonadministrative
expenses include audits and reports of services pursuant to
subdivision (c) of Section 4755. The surcharge amount for this fund
shall be stated separately.
(2) Notwithstanding any other law, all references to the
Subsequent Injuries Fund shall mean the Subsequent Injuries Benefits
Trust Fund.
(3) Notwithstanding paragraph (1), in the event that budgetary
restrictions or impasse prevent the timely payment of administrative
expenses from the Workers' Compensation Administration Revolving
Fund, those expenses shall be advanced from the Subsequent Injuries
Benefits Trust Fund. Expense advances made pursuant to this paragraph
shall be reimbursed in full to the Subsequent Injuries Benefits
Trust Fund upon enactment of the annual Budget Act.
(d) The Occupational Safety and Health Fund is hereby created as a
special account in the State Treasury. Moneys in the account may be
expended by the department, upon appropriation by the Legislature,
for support of the Division of Occupational Safety and Health, the
Occupational Safety and Health Standards Board, and the Occupational
Safety and Health Appeals Board, and the activities these entities
perform as set forth in this division, and Division 5 (commencing
with Section 6300).
(e) The Labor Enforcement and Compliance Fund is hereby created as
a special account in the State Treasury. Moneys in the fund may be
expended by the department, upon appropriation by the Legislature,
for the support of the activities that the Division of Labor
Standards Enforcement performs pursuant to this division and Division
2 (commencing with Section 200), Division 3 (commencing with Section
2700), and Division 4 (commencing with Section 3200). The fund shall
consist of surcharges imposed pursuant to paragraph (3) of
subdivision (f).
(f) (1) Separate surcharges shall be levied by the director upon
all employers, as defined in Section 3300, for purposes of deposit in
the Workers' Compensation Administration Revolving Fund, the
Uninsured Employers Benefits Trust Fund, the Subsequent Injuries
Benefits Trust Fund, and the Occupational Safety and Health Fund. The
total amount of the surcharges shall be allocated between
self-insured employers and insured employers in proportion to payroll
respectively paid in the most recent year for which payroll
information is available. The director shall adopt reasonable
regulations governing the manner of collection of the surcharges. The
regulations shall require the surcharges to be paid by self-insurers
to be expressed as a percentage of indemnity paid during the most
recent year for which information is available, and the surcharges to
be paid by insured employers to be expressed as a percentage of
premium. In no event shall the surcharges paid by insured employers
be considered a premium for computation of a gross premium tax or
agents' commission. In no event shall the total amount of the
surcharges paid by insured and self-insured employers exceed the
amounts reasonably necessary to carry out the purposes of this
section.
(2) The surcharge levied by the director for the Occupational
Safety and Health Fund, pursuant to paragraph (1), shall not generate
revenues in excess of fifty-two million dollars ($52,000,000) on and
after the 2009-10 fiscal year, adjusted for each fiscal year as
appropriate to reconcile any over/under assessments from previous
fiscal years pursuant to Sections 15606 and 15609 of Title 8 of the
California Code of Regulations, and may increase by not more than the
state-local government deflator each year thereafter through July 1,
2013, and, as appropriate, to reconcile any over/under assessments
from previous fiscal years. For the 2013-14 fiscal year, the
surcharge level shall return to the level in place on June 30, 2009,
adjusted for inflation based on the state-local government deflator.
(3) A separate surcharge shall be levied by the director upon all
employers, as defined in Section 3300, for purposes of deposit in the
Labor Enforcement and Compliance Fund. The total amount of the
surcharges shall be allocated between employers in proportion to
payroll respectively paid in the most recent year for which payroll
information is available. The director shall adopt reasonable
regulations governing the manner of collection of the surcharges. In
no event shall the total amount of the surcharges paid by employers
exceed the amounts reasonably necessary to carry out the purposes of
this section.
(4) The surcharge levied by the director for the Labor Enforcement
and Compliance Fund shall not exceed thirty-seven million dollars
($37,000,000) in the 2009-10 fiscal year, adjusted as appropriate to
reconcile any over/under assessments from previous fiscal years, and
shall not be adjusted each year thereafter by more than the
state-local government deflator, and, as appropriate, to reconcile
any over/under assessments from previous fiscal years pursuant to
Sections 15606 and 15609 of Title 8 of the California Code of
Regulations.
(5) The regulations adopted pursuant to paragraph (1) to (4),
inclusive, shall be exempt from the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(g) On and after July 1, 2013, subdivision (e) and paragraphs (2)
to (4), inclusive, of subdivision (f) are inoperative, unless a later
enacted statute, that is enacted before July 1, 2013, deletes or
extends that date.