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AB-2385 California Emergency Services Act: contracts: automatic renewal.(2021-2022)



Current Version: 02/17/22 - Introduced

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AB2385:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2385

Introduced 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 DIGEST


AB 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 Legislature’s 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 Legislature’s 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 XIII B 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 XIII B of the California Constitution.