California 2021-2022 Regular Session

California Assembly Bill AB2385 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2385Introduced by Assembly Member Kiley(Principal coauthor: Senator Wilk)February 17, 2022 An act to add Section 8646.1 to the Government Code, relating to emergency services.LEGISLATIVE COUNSEL'S DIGESTAB 2385, as introduced, Kiley. California Emergency Services Act: contracts: automatic renewal.Existing law, the California Emergency Services Act, provides for the mitigation of the effects of emergencies in the state by, among other things, authorizing the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist and by creating the Office of Emergency Services within the office of the Governor. The act makes a violation of its provisions punishable as a misdemeanor.This bill would prohibit a contract entered into pursuant to the act from containing an automatic renewal clause except if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract. By expanding the scope of the crime of violating the act, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8646.1 is added to the Government Code, to read:8646.1. (a) A contract entered into pursuant to this chapter shall not contain an automatic renewal clause.(b) Notwithstanding subdivision (a), a contract may contain an automatic renewal clause if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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3	3	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2385Introduced by Assembly Member Kiley(Principal coauthor: Senator Wilk)February 17, 2022 An act to add Section 8646.1 to the Government Code, relating to emergency services.LEGISLATIVE COUNSEL'S DIGESTAB 2385, as introduced, Kiley. California Emergency Services Act: contracts: automatic renewal.Existing law, the California Emergency Services Act, provides for the mitigation of the effects of emergencies in the state by, among other things, authorizing the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist and by creating the Office of Emergency Services within the office of the Governor. The act makes a violation of its provisions punishable as a misdemeanor.This bill would prohibit a contract entered into pursuant to the act from containing an automatic renewal clause except if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract. By expanding the scope of the crime of violating the act, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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9	9	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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11	11	Assembly Bill
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13	13	No. 2385
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15	15	Introduced by Assembly Member Kiley(Principal coauthor: Senator Wilk)February 17, 2022
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17	17	Introduced by Assembly Member Kiley(Principal coauthor: Senator Wilk)
18	18	February 17, 2022
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20	20	An act to add Section 8646.1 to the Government Code, relating to emergency services.
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22	22	LEGISLATIVE COUNSEL'S DIGEST
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24	24	## LEGISLATIVE COUNSEL'S DIGEST
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26	26	AB 2385, as introduced, Kiley. California Emergency Services Act: contracts: automatic renewal.
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28	28	Existing law, the California Emergency Services Act, provides for the mitigation of the effects of emergencies in the state by, among other things, authorizing the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist and by creating the Office of Emergency Services within the office of the Governor. The act makes a violation of its provisions punishable as a misdemeanor.This bill would prohibit a contract entered into pursuant to the act from containing an automatic renewal clause except if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract. By expanding the scope of the crime of violating the act, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
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30	30	Existing law, the California Emergency Services Act, provides for the mitigation of the effects of emergencies in the state by, among other things, authorizing the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist and by creating the Office of Emergency Services within the office of the Governor. The act makes a violation of its provisions punishable as a misdemeanor.
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32	32	This bill would prohibit a contract entered into pursuant to the act from containing an automatic renewal clause except if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract. By expanding the scope of the crime of violating the act, this bill would impose a state-mandated local program.
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34	34	The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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36	36	This bill would provide that no reimbursement is required by this act for a specified reason.
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38	38	## Digest Key
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40	40	## Bill Text
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42	42	The people of the State of California do enact as follows:SECTION 1. Section 8646.1 is added to the Government Code, to read:8646.1. (a) A contract entered into pursuant to this chapter shall not contain an automatic renewal clause.(b) Notwithstanding subdivision (a), a contract may contain an automatic renewal clause if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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44	44	The people of the State of California do enact as follows:
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46	46	## The people of the State of California do enact as follows:
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48	48	SECTION 1. Section 8646.1 is added to the Government Code, to read:8646.1. (a) A contract entered into pursuant to this chapter shall not contain an automatic renewal clause.(b) Notwithstanding subdivision (a), a contract may contain an automatic renewal clause if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract.
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50	50	SECTION 1. Section 8646.1 is added to the Government Code, to read:
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52	52	### SECTION 1.
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54	54	8646.1. (a) A contract entered into pursuant to this chapter shall not contain an automatic renewal clause.(b) Notwithstanding subdivision (a), a contract may contain an automatic renewal clause if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract.
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56	56	8646.1. (a) A contract entered into pursuant to this chapter shall not contain an automatic renewal clause.(b) Notwithstanding subdivision (a), a contract may contain an automatic renewal clause if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract.
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58	58	8646.1. (a) A contract entered into pursuant to this chapter shall not contain an automatic renewal clause.(b) Notwithstanding subdivision (a), a contract may contain an automatic renewal clause if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract.
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62	62	8646.1. (a) A contract entered into pursuant to this chapter shall not contain an automatic renewal clause.
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64	64	(b) Notwithstanding subdivision (a), a contract may contain an automatic renewal clause if, by the terms of that contract, the clause is operative only upon the Legislatures approval, by concurrent resolution or statute, of the renewal of the contract.
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66	66	SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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68	68	SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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70	70	SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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72	72	### SEC. 2.