HomeMy WebLinkAbout01/01/65FIFTH DIGEST OF 1965 SENATE BILLS AFFECTING CITIES
S.B. No.
745 MOTOR VEHICLES. Amends Secs. 13201, 13352 and 14601, Veh.C.
McAteer Deletes provision authorizing the court to suspend the privilege
(Trans.) of any person to operate a motor vehicle for a period not exceeding
6 months upon conviction of misdeameanor drunk driving. Changes
from 6 months to 1 year the period for which the Department of Motor Vehicles is
required to suspend the driving privilege of one convicted of felony drunk driving.
Changes from a misdemeanor to a felony driving when one's driving privilege is
suspended or revoked with knowledge of either such fact; and changes the punish-
ment for a second conviction of so driving within 7 years of a prior conviction:
from imprisonment in the county jail for notless than 5 days nor more than 6 months
to imprisonment in the state penitentiary for not less than 1 year nor more than
5 years.
747
Grunsky
(Jud . )
751
Schmitz,
et a1
(Jud.)
appropriate
757
Short
(L.Gov.)
RESTRICTED DANGEROUS DRUGS. Amends Secs. 11170, 11170.5, 11715, H.
& S.C. Applies prohibitions of Secs. 11170, 11170.5 and 11715,
prohibiting various fraudulent transactions involving narcotics, to
"restricted dangerous drugs."
SEX OFFENSES: SCHOOLTEACHERS. Amends Sec. 291, Pen.C. Requires
appropriate sheriff or police chief to notify immediately by
telephone or telegram the superintendent of schools of the
appropriate school district as to the arrest of a schoolteacher
for a sex offense, rather than having the county superin-
tendent of schools immediately notify the governing board of the
school district.
urgency measure.
759 RABIES VACCINES. Adds Sec. 1922, H. & S.C. -Prohibits supply of
Stiern rabies vaccines for animal use to other than a veterinary biologic
(Pub.H. & S.) supply firm, a licensed veterinarian,or a public agency..
762 SMALL CRAFT LAUNCHING FACILITIES. Amends. Sec. 5865, P.R.C.
Symons, Provides that if the Small Craft Harbor Commission determines that
et al any loan made to a local agency pursuant to the authority granted
(Nat.Res.) the Division of Small Craft Harbors to make loans for small craft
harbors and facilities prior to September 15, 1961, for the con-
struction and development of small craft launching facilities, would have been made
as a grant had the provisions authorizing grants to local agencies for such facilities
been in effect, the commission may amend the existing loan contract to provide that
no repayments due or payable thereunder on the effective date of the act authorizing.
grants are required, and the loan shall thereafter be considered for all purposes a
grant.
ANTIPOVERTY PROGRAM. Adds Sec. 25210, Gov. C. Permits board
of supervisors of any county to do all acts necessary to participate
with the federal government in the antipoverty program. Includes
authorization of expenditure by the county of any funds required.
by the federal government as a condition. To take effect immediately,
763
Farr,
et al
(Soc.Wel.)
CONTRACTS. Adds Sec. 167, W. & I.C. Allows the Department of
Mental Hygiene to enter into contracts with cities, counties or
local health districts to provide services within the department's
competence or to obtain services from such parties.
-2-
S.B. No.
f
765 SMALL CRAFT HARBORS. Amends various secs., P.R.C. Revises pro-
Weingand, visions setting forth the conditions under which the Division of
et al Small Craft Harbors may construct nonrevenue producing facilities in
(Gov.Eff.). harbors and requires loans for such facilities to be repaid within 50
years. Authorizes the division to contract with any federal
agency in the planning, construction, development and improvement of small craft
harbors or for the maintenance and operation of harbors under the division's
jurisdiction. Includes.as gross revenues used to make payments on small craft
harbors; income received by a governmental entity from any concession or contract
operations on the entitiesharbor facilities. Deletes. provision requiring the
Department of Finance as part of its review of such contracts and agreements to
consider the economic feasibility of the project. Makes other technical changes.
767 MIGRATORY AGRICULTURAL WORKERS. Adds Ch. 13, Div. 7, Title 1,
Williams, Gov. C. Authorizes contracts between Director of Finance and
et al local public agencies to obtain services for migratory agricultural
(Gov.Eff.). workers on a demonstration or pilot basis until the 91st day
after the final adjournment of the 1967 Regular Session, and pro-
vides that all such contracts shall terminate not later than that date. Authorizes
counties, cities, and other local agencies to enter into contracts of the same
nature.` Provides that in the event that an Office of Economic Opportunity is
created, it shall succeed to the authority granted the Director of Finance to enter
into such contracts, and that such contracts by the Office of Economic Opportunity
shall be subject to approval by the director. To take effect immediately, urgency
measure.
771 SALES TAX. Amends Sec. 6006.5, R. & T.C. Broadens definition of
Grunsky "occasional sale" (which is exempt from sales tax) to include
(Jud.) a sale or series of sales by an executor or administrator, acting
in a"representative capacity, of property previously held by a
decedent, provided the property sold was not held or used by the decedent in an
activity requiring the holding of a seller's permit.
777 FLOOD PLAIN MANAGEMENT ACT. Adds Ch. 4 (commencing with Sec. 8400),
Cobey, •Pt. 2, Div. 5, Wat.C.
et al Provides for establishment by local public agencies of flood
(Wat.Res.) plain management regulations under supervision of Department of
Water Resources and State Reclamation Board. Provides for
discontinuance of appropriation of funds relative to flood control projects in
certain designated areas where local public agency fails to establish necessary
flood plain regulations.
804 COUNTY SUPERINTENDENT OF SCHOOLS. Amends and adds various secs.,
Rodda, Ed.C. Permits county superintendent ofschools toprovide for the
et al development ofcurriculumand instructional materials as well as
(Ed.) for the preparation of course of.study, to be used in all elementary
and secondary schools in county, rather thani in elementary school
districts, and removes exception of schools governed by city board of education.
806 STATE EMPLOYEES' RETIREMENT SYSTEM. Amends Sec. 20814.5, Gov.C.
Cologne Extends period of time from October 1, 1962, to October 1, 1967,
(Gov.Eff.).' within which a local member of S.E.R.S. may, by written election,
elect to make contributions for, and receive credit in this system
as state service, all service rendered a public agency, prior ;to October 1, 1959, which
was not a contracting agency during such time.
S.B. No.
808
Rodda
(L.Gov.)
map to local
810
Schrade,
et al
(Gov.Eff.).
811
Miller
(Trans.)
relocation.
-3-
SPECIAL DISTRICTS. Adds Sec. 54905, Gov.C. Requires supervising
authority of any district which changes its boundaries to notify
Secretary of State of such change and provide him with map of
revised district. Directs Secretary of State to provide copy of
agency formation commission in county in which district located.
STATE EMPLOYEES' RETIREMENT SYSTEM. Amends Sec. 20022, Gov.C.
Provides that amounts spent by en employer in the purchase of
annuity contracts for its employees shall be included in computing
"compensation" as that term is used in the State Employees' Retire-
ment Law.
RELOCATION OF SEWERS. Adds Sec.696, 986, and 1808, S. & H.C.
Provides that when publicly owned sewers are relocated due to
construction on state,county or city streets and highways, the
respective public entities shall bear the expense of such
813 FORMATION OF SANITATION DISTRICTS. Adds Sec. 4711.7, H. & S.C.
Miller Authorizes and prescribes procedure for a sanitation district
(L.Gov.) located wholly within San Diego County to include all or part
of a sanitary district, sanitation district or other district
formed forsimilar purposes. Requires consent of such districts before they may be
included. Requires finding by county board'of supervisors that proposed inclusion
is in the public interest and territory affected will benefit, before the consolidation
may take place. To take effect immediately, urgency measure.
816
Sturgeon
(Agr.)
plant inspection.
MILK INSPECTION. Amends Sec. 501, Ag.C. Prohibits city or county
charging fee or tax for inspection of milk or dairy products on
trucks or other vehicles or during transportation thereof, and
provides that such inspection shall be part of dairy farm or milk
827 OUTDOOR ADVERTISING ACT. STATE PREEMPTION. Amends Secs. 5225, 5226,
Short and 5227, adds Art. 6.5 (commencing with Sec. 5300), Ch. 2, Div. 5
(B. & P.) repeals Sec. 5294, B. & P.C. Makes the provisions applicable to
placing of advertising displays within view of public highways in
incorporated or unincorporated areas of the state, rather than just in unincorporated
areas of the state. Prohibits all other regulation of placing of such displays within
view of public highways in the state, including county land use andzoning regula-
tion. Restricts and regulates outdoor advertising within highway right-of-way or
within 800 feet of the edge of thehighway right-of-way. Provides that outdoor
advertising displays lawfully placed in restricted or regulated area prior to March 1,
1965, but which do not comply with the provisions ofthe act, shall not be maintained
in existence after five years from effective date of bill, or, if shorter, the
expiration of the term permitted under local ordinance
828
Bradley
(Sud . )
title insurance,
condemned.
DEPOSIT OF CONDEMNATION DAMAGES. Amends Sec. 2152, C.C.P. Authorizes
court in condemnation proceedings to order money deposited in court
transferred to an escrow in a title insurance company and thereafter
paid to the property owners entitled thereto upon issuance of a
policy to the condemning authority insuring title to the property
S.B. No.
831
Miller
(Trans.)
increases
operative
-4-
DRIVER EDUCATION AND TRAINING. Amends heading Art. 3 (commencing
with Section 42050), Ch. 1, Div. 18, and amends Secs. 42050 and
42052, Veh. C. Provides for. driver education and.. training penalty
assessments, instead of driver training penalty assessments, and
the assessments on moving traffic violations from $2 to$5., To become
on July 1, 1966.
TAXATION OF VESSELS. Adds Sec. 202.7, R. & T.C.; amends Secs.
1138, 1141, R. & T.C. and Sec. 681, H. & N.C. Exempts pleasure
craft from property taxation.
841
Dolwig, et al
(Rev. & Tax)
845 HISTORIC BUILDINGS AND SITES. Adds Secs. 25468 and 37908, Gov.C.,
Lunardi, and Art. 8 (commencing with Sec. 5095), Ch. 1, Div. 5, P.R.C.
et al Authorizes county or city to perform preservation, restoration,
(L.Gov.). or reconstruction work on historic buildings which they own by day
labor where expenditure required for such workdoes not exceed
prescribed amount. Authorizes Division of Beaches and Parks to accomplish
preservation, restoration, or reconstruction work on state-owned historic sites or
historic buildings by day labor without limit as to amount of expenditure required
for such work. Establishes a restoration section in Division of Beaches and Parks
and prescribes qualifications for personnelof such section and powers and duties
of section.
861
Lagomarsino,
et al
(Jud.)
862
Lagomarsino,
et al
(Jud.).
CRIMINAL TRESPASS: ENTRY. Adds Sec. 602.1, Pen.C. Makes it a
misdemeanor for any person to enter lands or other property
contrary to owner's order not to do so.
CRIMINAL TRESPASS. 'Adds Sec. 602.3, Pen.C. Provides
person who enters lands, real property, or structures of any
kind, public or private, and who fails to comply with the rules and
regulations established by the owner of such property, his agent,
employee, or other person in lawful possession thereof, after
notice of such rules and regulations, and who thereupon refuses to leave the
premises when requested to do so by the owner of such property, his agent, employee,
or other person in lawful possession thereof, is guilty of a misdemeanor.
that every
863
Lagomarsino,
et al
(Jud.)
CRIMINAL TRESPASS. Adds Sec. 602.2, Pen.C. Makes it a misdemeanor:
for any person to fail or refuse to leave lands_ or other property.
• without legal cause, after being ordered to do so by the owner.,
agent, or person in lawful possession.
881 ACCIDENT REPORTS. Amends Sec. 20012, repeals Sec. 20015, Veh.C.
Grunsky Provides that law enforcement agency shall disclose to designated
(Trans.) interested persons the contents of accident reports. Repeals
provisions relating to the release of accident reports upon
termination of criminal proceedings, the determination by proper authorities not to
institute criminal charges, or 6 months after accident.
884 HOUSING AND COMMUNITY DEVELOPMENT. Adds Part 8 (commencing with
Rees Sec. 37000) to Div. 24, repeals Sec. 36057.5, H. & S.C.; amends
(Gov.Eff.) Sec. 12040, Gov.C; amends Sec. 56, repeals Ch. 3 (commencing with
Sec. 76), Div. 1, Lab.C. Creates Commission of Housing and
Community Development, specifies membership, and requires commission to establish
policy for Department of Housing and Community Development which is created.
Specifies procedure for administration and appointment and salaries of director and
other officers of the new Department of Housing and Community Development. Specifies
functions and duties of the department. Makes related changes.
S.B. No.
887
Weingand
(Wat.Res.)
WATER CONSERVATION DISTRICTS. Adds Sec. 36.5, Water Conservation
Act of 1931 (Ch. 1020, Stats 1934 and Art. 6 (commencing with
Sec. 75165), Ch. 2, Pt. 7, Div. 21, Wat.C. Authorizes alternative
procedure for the government by a board of trustees of a special
improvement district formed in a water conservationdistrict.
888 COUNTY SERVICE AREAS. Adds Secs. 25210.9a, 25210.9b, Gov.C.
Weingand . Empowers board of supervisors to advance moneys from available
(L.Gov.) county funds to a county service area or to zone within it, for the
benefit of the service area or zone. The moneys may be used for
payment of currently payable expenses incurred by reason of the establishment of any
extended service within the service area or zone prior to December 1 of the first
fiscal year in which a tax may be levied for extended services inand on behalf of
the service area or zone. States that the board of supervisors shall in the first.
fiscal year in which a special tax upon the taxable property therein may be levied
for any extended service in and on behalf of a county service area or a zone within
a county service area, levy a special tax upon the taxable property therein for the
purposesof the service area or zone, and shall include in the levy a sum sufficient
to repay the county any amounts advanced to the service area or zone. Gives
supervisorsthe option to, by a four-fifths resolution no later than the time of the
first tax levy, extend the repayment of the transferred funds over a period not to
exceed three years.
891 FAIR EMPLOYMENT PRACTICE COMMISSION. Adds Sec. 1422.1, Lab.C.
Lagomarsino Requires that the commission shall cause any verified complaint
(Gov.Eff.) filed under the provisions of the Fair Employment Practice Act
to be served upon the person, employer, labor organization, or
employment agency alleged to have committed the unlawful employment practice
complained of at the time of initial contact between any member of the commission or
its staff and that person, employer, labor organization, or employment agency
charged with a violation of the act or the agents thereof.
892
Lagomarsino
(Gov.Eff.)
the complaint is
under provisions
open or continue
FAIR EMPLOYMENT PRACTICE COMMISSION. Adds Sec. 1422.2 Lab. C.
Provides that the commission shall process all complaints and
conduct all investigations as quickly as possible. Requires that
no complaint shall remain open longer than '90 days fiom the date
filed unless an accusation is on file and that no investigation
authorizing investigations without a formal, complaint shall remain
more than 120 days from the date the investigation was initiated.
893 FAIR EMPLOYMENT PRACTICE COMMISSION. Amends Sec. 1423, Lab. C.
Lagomarsino Requires that after the filing of a complaint, and after the
(Gov.Eff.)' commission finds the complaint alleges facts sufficient to
constitute an unfair employment practice, the chairman of the
commission shall designate one of the commissioners to make, with the assistance
of the commission's staff, prompt investigation in connection therewith. Provides
further that if the investigating commissioner determines afterpreliminary investi-
gation that probable cause exists for believing the allegations of the complaint,
he shall immediately attempt to eliminate such practice.
894 FAIR EMPLOYMENT PRACTICE COMMISSION. Adds Sec. 1421.1, Lab. C.
Lagomarsino Provides that conference, conciliation and persuasion as used in the
(Gov.Eff.) California Fair Employment Practice Act, shall mean to conciliate,
mediate, settle, or compromise, an alleged unlawful employment
practice. Provides further that endeavors to terminate the unemployment practice
described shall be privileged and that when contacted by the commission or its staff,
S.B. No.
894
(Continued)
conference,
895
Lagomarsino
(Gov.Eff.)
-6-
employers; unions or employment agencies ahall be informed whether
such contact is for the purpose of investigation or conference,
conciliation, and persuasion and, if it is for the purpose of
conciliation, or persuasion, that such endeavors are privileged.
FAIR EMPLOYMENT PRACTICE COMMISSION. Adds Sec. 1426.5 Lab.C.
Provides that if at any time during the proceedings described in
the California Fair Employment Practice Act, a complaint is with-
drawn by the complainant or dismissed by the commission, or an
investigation is terminated or closed by the commission, notice
of this fact shall be given to the respondent and the complainant.
898 EMINENT DOMAIN. Adds Sec. 1240.1, C.C.P. Limits the exercise of
O'Sullivan " the power of eminent domain by any authorized public or private
entity with respect to the line or plant of any common carrier
railroad, public utility or state agency, by requiring the condemning
authority to provide substitute facilities for the facilities taken. Provides,
alternatively that such facilities may be acquiredby agreement without providing
substitute facilities. Requires controversies with respectto the character and
location of new facilities or requirementsimposed by law be submitted to and
decided by the State Public Utilities Commission.
903 FISH, AND WILDLIFE CONSERVATION. Amends. Secs. 1601, 1602, F. & G.C.
Farr Makes compliance with the Department of Fish and Game modifications
(F. & G.) of plans submitted by governmental agencies or public utilities
concerning projects diverting,obstructing or changing the natural
flow or bed of any river, stream, or lake, or the use of material from.streambeds
designatedby the department, mandatory. Makes compliance with the orders of the
department as to measures necessary to protect fish and wildlife mandatory upon
persons conducting operations of such nature. Provides for a public hearing held.
by the Fish and Game Commission if the governmental agencies, public utilities,
or persons conducting operations ofsuch nature disagree with the department's
orders within 30 days of receipt thereof, and requires compliance with determinations
made by the commission. Deletes obsolete provisions.
905
Collier,
et al
(Trans . )
BRIDGE AND HIGHWAY DISTRICTS. Amends, adds, and repeals various
secs., S. & H.C. Permits district to expend funds to aid public
agencies in providing and operating any facilities which district
could acquire and operate which would benefit district.
906 SUBDIVISION MAP ACT. Adds Secs. 11612.1, 11612.2, and 11612.3, B.
Bradley & P.C. Revises provisions of act relating to improvement security
(B. & P.) required of subdividers when dedicating streets or easements to
a city or county, regarding when, and the work for which, such
improvement security is liable.
'907
Cologne
(B. & P.)
to such city or
SUBDIVISION MAP ACT. Amends Sec. 11612, B. & P.C. •Authorizes,
under certain conditions,. the releasing or reducing of improvement
security required of subdividers when they contract with a city
or .county to. improve. streets or easements that are to. be dedicated
county.
S.B. No.
909 IMPROVEMENT ACT OF 1911. Adds Ch. 19.2 (commencing with Sec.
Rodda 5530), Pt. 3, Div. 7, S. & H.C. Provides that where cost of
(Trans.) improvement work exceeds contract cost because of act or omission
of legislative body, its officers or employees which subjects
such body to liability, the body may settle liability out of court or pay judgment
respect it out of general fund or with revenue derived from additional assessment
on property benefited. Provides specially for such an assessment.
913 TIDELANDS AND SUBMERGED LANDS. New act. Revokes title of local
O'Sullivan agencies to minerals, including oil and gas, under the tide -
et al lands granted to these agencies. Provides for the substitution
(Gov.Eff.) of the state in existing oil and gas contracts, and for future
leasing by the state. Provides for payment of oil and gas
revenues held by local agencies on the effective date of the bill to the state,
but permits the city to retain an amount to be determined by the State Lands
Commission for expenditure during 1965-66 fiscal year for administration. Provides
for the deposit of the remainder in the General Fund. Provides for the deposit
each year of the annual revenues received by the state from oil and gas contracts
in the General Fund.
915 INSURANCE. Adds Ch. 6 (commencing with Sec. 4420), Div. 5, Title
Rattigan 1, Gov. C, and Ch. 10 (commencing with Sec. 1870), Pt. 2, Div. 1,
(Ins. & F.I.) Ins. C. Prohibits public bodies when letting public contracts
from requiring or financially inducing bidder to negotiate work-
men's compensation or liability insurance or surety bond through a particular broker
or company, regardless of whether bidder or public body pays premium, or to transfer
any part of dividends or premium refunds to public body, or to surrender right to
self -insure in lieu of obtaining insurance. Declares conflicting public contracts
contrary to public policy and null and void. Permits public body to approve form,
sufficiency or manner of execution of insurance or bonds. Provides similar
prohibitions as to a natural person, firm, partnership, association or corporation
with respect to private contracts for the construction of a building or any other
work or facility.
916 INSURANCE WITH PUBLIC CONTRACTS. Adds Ch. 6 (commencing with
Rattigan Sec. 4420), Div, 5, Title 1, Gov. C. Prohibits public bodies
(Ins. & F.I.) when letting public contracts from requiring or financially
inducing bidder to negotiate workmen's compensation or liability
insurance or surety bond through a particular broker or company regardless whether
bidder or public body pays premium, or to transfer any part of dividends or premium
refunds to public body, or to surrender right to self -insure in lieu of obtaining
insurance. Declares conflicting public contracts contrary to public policy and null
and void. Permits public body to approve form, sufficiency or manner of execution
of insuranceor bonds.
924 WORLD TRADE CENTER AUTHORITIES; SAN FRANCISCO & LOS ANGELES.
Rees Amends Sec. 1.1, World Trade Center Authorities Act (Ch. 1503,
(Gov.Eff.) Stats. 1947). Revises declaration of policy of the state in
creating the world trade center authorities in San Francisco
and Los Angeles making no apparent substantive change.
SCA No.
22
Teale,
et al
(Reap.)
S-1
SENATE CONSTITUTIONAL AMENDMENT
REAPPORTIONMENT. Amends Secs. 5 and 6, Art. IV, Cal.Const.
Eliminates provision requiring that there be 40 senatorial districts,
and leaves to Legislature the authority to determine number of such
districts. Eliminates provisions prohibiting formation of
senatorial district composed of less than one or more than three
counties. Authorizes Legislature to stagger terms of Senators.
24
McAteer
(Rev. & Tax.)
property from
purposes.
WELFARE PROPERTY TAX EXEMPTION. Amends 1st sentence, Sec. lc,
Art. XIII, Cal. Const. Includes property leased, as well as owned,
by community chests, funds, foundations or corporations within the
constitutional provision which permits the Legislature to exempt
taxation when used exclusively for religious, hospital or charitable